BOARD OF EDUCATION REGULAR BOARD MEETING AGENDA …€¦ · 18/01/2018 · AGENDA . Thursday, January 18, 2018 . District Office . Community Room . 15250 Avenue of Science – San

POWAY UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION

REGULAR BOARD MEETING AGENDA

Thursday, January 18, 2018

District Office Community Room

15250 Avenue of Science – San Diego, CA 92128 REGULAR MEETING BEGINS AT 6:00 P.M.

NOTE: At 4:00 p.m., there will be an open session to allow for public comment on the closed session agenda items, followed immediately by a closed session in the Board Conference Room.

1.0 CALL TO ORDER Zane

2.0 CLOSED SESSION 2.1 Pending/Existing Litigation Pursuant to Government Codes 54956.9(a),

54956.9(d)(2), and 54956.9(d)(1) a. Name of Case: No. 37-2017-00030491-CL-PA-CTL

Legal Counsel: Sam Sherman

b. Name of Case: No. 37-2017-00041638-CL-PA-CTLLegal Counsel: Sam Sherman

c. Name of Case: 37-2017-00015136-CU-MC-CTLLegal Counsel: Mark Bresee

d. Name of Case: No. 37-2017-00040148-CU-MC-CTLLegal Counsel: Randy Winet/Steve Tisi

e. Name of Case: No. 17CV2215WLegal Counsel: Randy Winet/Steve Tisi

f. Name of Case: No. Uniform Complaint ResponseLegal Counsel: Mark Bresee

g. Name of Case: No. LA-CE-6189-ELegal Counsel: Jerry Conradi

h. Case No. OAH2017100960, Case No. OAH2017100562, and Case No.SA3

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2.2 Conference with Legal Counsel Anticipated Litigation Pursuant to Government

Code 54956.9, 54956.9(d)(2), and 54956.9(d)(4) a. Name of Case: Navistar, Inc. School Bus Engines Legal Counsel: Best Best & Krieger, Tyree K. Dorward 2.3 Pupil Personnel – Student Expulsion(s), Disciplinary Matter(s), and Other

Confidential Student Matters Pursuant to Education Code 48900(c) 2.4 Negotiations – PFT, PSEA Unit I and Unit II, Management/Confidential, and

Real Property Pursuant to Government Codes 54957.6, and 54956.8 a. Agent Negotiator: James Jimenez 2.5 Public Employee Discipline/Dismissal/Release Pursuant to Government Codes

54954.5(e), and 54957 2.6 Public Employee Appointment/Employment Pursuant to Government Code 54957

3.0 CALL TO ORDER 3.1 Pledge of Allegiance Zane 3.2 Report Out of Closed Session Zane 3.3 Members in Attendance Zane 3.4 Welcome to Public – Shaina Mishra Mishra 3.5 Action Approval of Agenda/Sequence Zane 4.0 ORAL PRESENTATIONS

4.1 Information Student Board Representatives 4.2 Public Comments Zane Individuals wishing to address the Board regarding an item on the agenda or items of specific concern, may do so at this time. Speakers are limited to (3) three

minutes, (15) fifteen minutes per topic. Times may be shortened or extended at the direction of the Board. Speakers are requested to submit a speaker slip to the Clerk of the Board prior to the start of the meeting.

4.3 Information/ Apple Distinguished School Burks Presentation

5.0 CONSENT CALENDAR Zane Items listed under Consent Agenda are considered routine and will be approved/adopted

by a single motion. There will be no separate discussion of these items; however, any item may be removed from the Consent Calendar upon the request of any member of the Board, discussed, and acted upon separately. The Superintendent and staff recommend approval of all Consent Calendar items.

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5.1 Consent Calendar - Approval of Minutes Zane 5.2 Consent Calendar - Business Support Services Little

a. Approval/Ratification of Contractual Services Report No. 06-2018

b. Ratification of District Purchase Orders, Revolving Cash Fund

Expenditures, and Purchase Card Transactions c. Approval of a Lot Line Adjustment at Del Sur Elementary

School d. Award Contracts for Bid No. 2017-11B Photo, Audio Visual

Equipment and Supplies to B&H Foto & Electronics Corp., George’s Camera, and Musson Theatrical

e. Award a Contract for Bid No. 2017-09B Computerized

Maintenance Management System Software and Facilities Condition Assessment Services to Ameresco Asset Sustainability Group, LLC.

5.3 Consent Calendar - Learning Support Services Robertson

a. Approval of Resolution No. 33-2018 Entitled “National School Counseling Week 2018”

b. Approval/Ratification of Out-of-State Field Trips

5.4 Consent Calendar - Personnel Support Services Jimenez a. Approval of Certificated Personnel Report No. 06-2018 b. Approval of Classified Personnel Report No. 06-2018 c. Approval of Resolution No. 34-2018 Entitled “Revision of Date

for Observance of ‘Lincoln Day’ 2019” d. Approval of the Williams Settlement Quarterly Report for

December 2017 e. Approval of Clinical Facilities Use Agreement in Occupational

Therapy Students with Bay Path University, Longmeadow, Massachusetts

5.5 Consent Calendar - Technology and Innovation 5.6 Consent Calendar – Superintendent Kim-Phelps a. Acceptance of Gifts 6.0 BUSINESS SUPPORT SERVICES Little

6.1 Action Approval to Execute Led Lighting Retrofit Projects at Adobe Bluffs, Creekside, Garden Road, Highland Ranch,

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Sundance, Turtleback, and Valley Elementary Schools, and Meadowbrook and Twin Peaks Middle Schools Utilizing SDG&E’s On-Bill Financing (OBF) Program

6.2 Action Approval of Resolution No. 36-2018 Calling for Full and

Fair Funding of California’s Public Schools 6.3 Information/ Governor’s 2018-2019 Budget Proposal Update Presentation 6.4 Information/ Proposition 39 Final Expenditure Plan Presentation 6.5 Information Enrollment Report No. 4/2017-2018

7.0 LEARNING SUPPORT SERVICES Robertson 7.1 Action Readmission of Student on Expulsion

7.2 First Reading Proposed Adoption of California School Board Association (CSBA) Board Policy 5030 – Student Wellness (First Reading) 8.0 PERSONNEL SUPPORT SERVICES Jimenez 8.1 Action Approval of Resolution No. 35-2018 Entitled “Adoption of Supplemental Early Retirement Plan for Poway Federation of Teachers-Represented Employees” and Review of Enabling

Documents

8.2 Information Initial Proposal to “Sunshine” Articles for Contract Negotiations from Poway Federation of Teachers (PFT) 2018-2019

9.0 TECHNOLOGY AND INNOVATION 10.0 SUPERINTENDENT Kim-Phelps

10.1 Information County Superintendent Appointment to fill the Office of Poway Unified School District’s Clerk of the Governing Board

10.2 First Reading Proposed Adoption of California School Board Association

(CSBA) Board Policies 4119.21 / 4219.21 / 4319.21 (First Reading)

11.0 REPORTS AND COMMENTS

11.1 Information Board Member Reports Zane 11.2 Information Superintendent’s Report Kim-Phelps a. Information Student Recognition Kim-Phelps b. Information Staff Recognition Kim-Phelps

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12.0 CLOSED SESSION – CONTINUATION OF CLOSED SESSION AGENDA Zane FROM PAGE ONE AS NECESSARY 13.0 ADJOURNMENT / NEXT MEETING Zane

The next regularly scheduled Board Meeting will be held on Thursday, February 8, 2018, at 6:00 p.m. at the Poway Unified School District Office, 15250 Avenue of Science, San Diego.

In compliance with the Americans with Disabilities Act, if you need special assistance, disability-related modifications, or accommodations, including auxiliary aids or services, in order to participate in the public meetings of the District’s Governing Board, please contact the office of the District Superintendent at (858) 521.2700 [15250 Avenue of Science, San Diego]. Notification 72 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accommodation and accessibility to this meeting. Upon request, the District shall also make available this agenda and all other public records associated with the meeting in appropriate alternative formats for persons with a disability.

Written materials relating to an item on this agenda that are distributed to the Poway Unified School District Board of Education within 72 hours before it is to consider the item at its regularly scheduled meeting will be available for public inspection at 15250 Avenue of Science, San Diego, during normal business hours. Such written materials will also be made available on the district website [www.powayusd.com], subject to staff’s ability to post the documents before the regularly scheduled meeting.

MOVED BY: _________________________ SECONDED BY: _________________________

VOTE: BEATTY ___ O’CONNOR-RATCLIFF ___ PATEL ___ SELLERS ___ ZANE ___ STUDENT PREFERENTIAL VOTE: MISHRA ___

TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 3.5 Staff Support: SUBJECT: APPROVAL OF AGENDA/SEQUENCE Action

Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approval of the January 18, 2018, agenda/sequence. DISCUSSION/PROGRAM:

Agenda items may be addressed out of order if items of community interest, requiring extended presentation or discussion, requiring contractual services, or department(s) do not have any agenda items for discussion/action.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: None


VOTE: BEATTY ___ O’CONNOR-RATCLIFF ___ PATEL___ SELLERS ___ ZANE ___ STUDENT PREFERENTIAL VOTE: MISHRA ___

TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 4.1 Staff Support: SUBJECT: STUDENT BOARD REPRESENTATIVES Action


RECOMMENDATION: Information. DISCUSSION/PROGRAM:

Abraxas High School: Olivia Hampton Del Norte High School: Delaney Anderson Mt. Carmel High School: Alliyah Gardea Poway High School: February 10th Board Meeting Rancho Bernardo High School: February 10th Board Meeting Westview High School: February 10th Board Meeting

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 4.2 Staff Support: SUBJECT: PUBLIC COMMENTS Action


RECOMMENDATION: PUBLIC COMMENT WILL BE LIMITED TO THREE MINUTES PER SPEAKER. DISCUSSION/PROGRAM:

This portion of the meeting is reserved for persons desiring to address the Board on any matter not on this agenda. Those who would like to address the Board on any agenda item, should complete a speaker’s slip and submit it to the Executive Assistant, before the agenda item comes up. Speaking time is limited to three minutes per speaker with a maximum of fifteen minutes per side of each topic unless waived by the Board President. Speakers are given a 30 second yellow warning light when time is running out. At the end of three minutes, the microphone will be turned off and speakers will be asked to return to the audience. Speakers may only speak on one topic under Item 4.2 and may not defer their speaking time to another individual. Vulgarity and profanity will not be allowed. If there are concerns regarding specific individuals, the speaker is encouraged to refrain from naming them publicly or providing information that would identify the individual to respect their privacy. If you have a complaint or charge against a specific PUSD employee, you are encouraged to submit a formal complaint as outlined in our Board procedure 4.106.2. The final step in this process provides the Board the ability to hear an appeal of the complaint if the Board so chooses. If you are voicing a complaint against an employee, in order to protect the employee’s right to adequate notice before a hearing of such complaint and to preserve the ability of the Board to legally consider the complaint in any subsequent evaluation of the employee, it is the policy of the Board to hear the complaint in closed session. Student problems should be placed on the regular agenda only after all administrative remedies have been exhausted. They will most likely be held in closed session with the Board in order to respect student confidentiality. The Brown Act (Government Code) states that Board members may not engage in a discussion of non-agenda items or issues raised during public comments except to ask clarifying questions, make a brief announcement, make a brief report on his or her own activities, or to refer the matter to staff. The law does not permit Board action or extended discussion of any item not on the agenda.

LEGAL REFERENCE:

Government Code Section 54950 et seq.

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Jennifer Burks AGENDA ITEM: 4.3 Staff Support: Christine Paik SUBJECT: APPLE DISTINGUISHED SCHOOL Action



Tierra Bonita Elementary School is being recognized as an Apple Distinguished School for 2017-2019 for its successful and innovative implementation of Apple technology to transform students’ learning. This is the third consecutive time Tierra Bonita has been named an Apple Distinguished School. The school first earned this distinction in 2013-15, and again in 2015-17. Apple Distinguished Schools are centers of innovation, leadership, and educational excellence that use Apple products to inspire creativity, collaboration, and critical thinking. They showcase technology in learning, teaching, and the school environment, and have documented results of academic accomplishment. Tierra Bonita’s one-to-one access to iPads has allowed staff and students to greatly expand their access to books and research materials. Students also use their devices to collaborate, code, create, and connect with each other and students around the world. Representatives from Apple will present Tierra Bonita with their award of distinction at the Board of Education meeting on January 18, 2018.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A


VOTE: BEATTY ___ O’CONNOR-RATCLIFF ___ PATEL ___ SELLERS ___ ZANE ___ STUDENT PREFERENTIAL VOTE: MISHRA___

TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 5.0 Staff Support: SUBJECT: APPROVAL OF CONSENT CALENDAR Action


RECOMMENDATION: The following items comprise the Consent Calendar. Action may be taken on these items by a single motion of the Board, allowing time for discussion on other routine items. DISCUSSION/PROGRAM:

5.1 Consent Calendar - Approval of Minutes Zane

5.2 Consent Calendar - Business Support Services Little a. Approval/Ratification of Contractual Services Report No. 06-

2018 b. Ratification of District Purchase Orders, Revolving Cash Fund

Expenditures, and Purchase Card Transactions c. Approval of a Lot Line Adjustment at Del Sur Elementary School d. Award Contracts for Bid No. 2017-11B Photo, Audio Visual

Equipment and Supplies to B&H Foto & Electronics Corp., George’s Camera, and Musson Theatrical

e. Award a Contract for Bid No. 2017-09B Computerized

Maintenance Management System Software and Facilities Condition Assessment Services to Ameresco Asset Sustainability Group, LLC.

Continued… LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A

5.3 Consent Calendar - Learning Support Services Robertson

a. Approval of Resolution No. 33-2018 Entitled “National School Counseling Week 2018”

b. Approval/Ratification of Out-of-State Field Trips

5.4 Consent Calendar - Personnel Support Services Jimenez a. Approval of Certificated Personnel Report No. 06-2018 b. Approval of Classified Personnel Report No. 06-2018 c. Approval of Resolution No. 34-2018 Entitled “Revision of Date for

Observance of ‘Lincoln Day’ 2019” d. Approval of the Williams Settlement Quarterly Report for

December 2017 e. Approval of Clinical Facilities Use Agreement in Occupational

Therapy Students with Bay Path University, Longmeadow, Massachusetts

5.5 Consent Calendar - Technology and Innovation 5.6 Consent Calendar – Superintendent Kim-Phelps a. Acceptance of Gifts



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 5.1 Staff Support: SUBJECT: APPROVAL OF MINUTES Action


RECOMMENDATION: Approval of the December 14, 2017, Regular Board Meeting minutes as presented. DISCUSSION/PROGRAM:

The December 14, 2017, Regular Board Meeting minutes are attached.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A

POWAY UNIFIED SCHOOL DISTRICT MINUTES OF THE BOARD OF EDUCATION

AT A REGULAR MEETING

December 14, 2017 District Office Community Room

CLOSED SESSION Board President O’Connor-Ratcliff called the meeting to order at 4:31 p.m. to receive public comment on the closed session agenda items. There were no public comments, and all Board members convened to closed session in the Board Conference Room. The closed session was adjourned at 6:00 p.m., and Board members reconvened in the Community Room to begin their regular meeting and relay any reportable action taken during closed session. REGULAR MEETING 1.0 CALL TO ORDER – PUBLIC SESSION 2.0 CLOSED SESSION

2.1 Pending/Existing Litigation Pursuant to Government Codes 54956.9(a), 54956.9(d)(2), and 4956.9(d)(1)

a. Name of Case: PERB CASE No. LA-CE-6188-E Legal Counsel: Gerald Conradi

b. Case No. OAH2016120112, Case No. OAH2017030981, Case No. OAH2017080870, and Case No. OAH2017090419

2.2 Conference with Legal Counsel Anticipated Litigation Pursuant to Government Code

54956.9, 54956.9(d)(2), and 54956.9(d)(4) 2.3 Pupil Personnel – Student Expulsion(s), Disciplinary Matter(s), and Other Confidential

Student Matters Pursuant to Education Code 48900(c) 2.4 Negotiations – PFT, PSEA Unit I and Unit II, Management/Confidential, and Real Property

Pursuant to Government Codes 54957.6, and 54956.8 a. Agent Negotiator: James Jimenez b. Real Property –Santaluz Surplus Property, Parcel Number 312-293-11-

00, 306-250-27-00, and 306-020-32-00 Negotiating Parties: Paul Marra and Ron Little 2.5 Public Employee Discipline/Dismissal/Release Pursuant to Government Codes 54954.5(e),

and 54957 2.6 Public Employee Appointment/Employment Pursuant to Government Code 54957

3.0 RECONVENE / CALL TO ORDER AND PLEDGE OF ALLEGIANCE Board President O’Connor-Ratcliff reconvened the meeting in Public Session at 6:10 p.m. and led the salute to the flag.

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3.1 Report Out of Closed Session 2.1-A-1: Clerk Patel reported that in the matter of Pending/Existing Litigation, Case No.

LA-CE-6188-E, on a motion by Mrs. Beatty and a second by Dr. Patel, the Board voted to ratify the settlement agreement as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

2.1-B-1: Clerk Patel reported that in the matter of Pending/Existing Litigation, Case No.

OAH2016120112, on a motion by Mrs. Beatty and a second by Mr. Sellers, the Board voted to ratify the settlement agreement. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

2.1-B-2: Clerk Patel reported that in the matter of Pending/Existing Litigation, Case No. OAH2017030981, on a motion by Mrs. Beatty and a second by Mr. Sellers, the Board voted to ratify the settlement agreement. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

2.1-B-3: Clerk Patel reported that in the matter of Pending/Existing Litigation, Case No. OAH2017080870, on a motion by Mr. Sellers and a second by Mr. Zane, the Board voted to ratify the settlement agreement. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

2.1-B-4: Clerk Patel reported that in the matter of Pending/Existing Litigation, Case No. OAH2017090419, on a motion by Mrs. Beatty and a second by Mr. Sellers, the Board voted to ratify the settlement agreement. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

There was no other reportable action taken in closed session.

3.2 Members in Attendance All Board members were in attendance, including Student Board Member Shaina Mishra.

3.3 Welcome to Public Student Board Member Shaina Mishra welcomed the public and offered instructions on the

procedure for addressing the Board during the Public Comments segment of the meeting.

3.4 Approval of Agenda/Sequence On a motion by Mr. Zane, and a second by Mrs. Beatty, the agenda/sequence was approved

with one change to allow Student Board Member Shaina Mishra to give her Board Report in the 4.0 section. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

3.5 Organizational Meeting of the Board

a. Organizational Meeting - Election of Officers, Appointment of Board Representatives to Committees, and Confirmation of 2018 Board Meetings Dates Board President O’Connor-Ratcliff called for the election of a new President. Mrs. Beatty nominated Mr. Sellers, and Dr. Patel nominated Mr. Zane. There was no call for a second for either nomination. On a roll call vote, Mr. Sellers and Mrs. Beatty voted for Mr. Sellers; Dr. Patel, Mr. Zane, and Mrs. O’Connor-Ratcliff voted for Mr. Zane. Mr. Zane was elected President on a 3/2 vote.

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Board President Zane presented outgoing Board President O’Connor-Ratcliff with a plaque and thanked her for her service.

Board President Zane called for the election of a new Vice President. Mrs. O’Connor-Ratcliff nominated Dr. Patel. There were no other nominations and no call for a second. On a roll call vote, Mr. Sellers abstained and Mrs. Beatty voted no. Dr. Patel, Mrs. O’Conner-Ratcliff, and Board President Zane voted ayes for Dr. Patel. Dr. Patel was elected Vice President on a 3/1 vote with 1 abstention.

Board President Zane called for the election of a new Clerk. Mrs. O’Connor-Ratcliff nominated Mr. Sellers, Mr. Sellers declined and Dr. Patel nominated Mrs. Beatty, Mrs. Beatty declined. Board President Zane nominated Mrs. O’Connor-Ratcliff, Mrs. O’Connor-Ratcliff declined.

A short recess was called for reorganization of the dais at 6:33 p.m. Board President Zane reconvened the meeting at 6:44 p.m. The PUSD Board of Education was not able to select a Clerk at this time, and heard items 4.1, Student Board Representative Shaina Mishra’s report, and 4.3, while waiting on word from District Counsel. 4.0 ORAL PRESENTATIONS

4.1 Student Board Representatives Student Board representatives Trevor George from Poway High School, Kailey Lyche from

Rancho Bernardo High School, and Nathan Xia from Westview High School, reported on events and activities at their respective schools.

Student Board Member Shaina Mishra reported on her activities and events attended since the previous

meeting. 4.2 Public Comments were heard after the continuation of item 3.5(a) on the agenda.

4.3 College Bound Program This item was presented as information only.

Board President Zane once again opened the opportunity for nominations for the office of Clerk, hearing none he referred to Superintendent Kim-Phelps. Dr. Kim-Phelps stated: according to the education code 35038, in any district the governing board of which, is required to elect a clerk, the Superintendent of Schools of the County shall appoint one of the members of the governing board to fill the office of the district clerk if a clerk is not elected by the governing board on the date prescribed, or if except as provided in section 35039 a vacancy occurs in the position of district clerk, the unified school district is required to have the position of clerk filled, therefore if this board cannot appoint one or select one, the County Superintendent will then select one out of the remaining three Governing Board Members. Until then the position of Vice President can serve in both capacities. At this time Board President Zane declared a vacancy for the office of Clerk and asked for Vice President Patel to carry out the duties of clerk until the vacancy is filled, Vice President Patel accepted. 3.5(a) (continued) Appointments by the President:

• County Board of Education Representative: Mrs. Kimberley Beatty; Alternate: Mrs. Michelle O’Connor-Ratcliff

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• California Association of Suburban School Districts (CALSSD) Representatives: Mrs. Michelle O’Connor-Ratcliff, Dr. Patel; Alternate: Mr. T.J. Zane

• California School Boards Association (CSBA) Delegate Assembly: Mr. Charles Sellers

• Palomar Health: Mrs. Kimberley Beatty • City of Poway Subcommittee Liaisons: Mr. T.J. Zane, Mrs. Michelle

O’Connor-Ratcliff • City of San Diego Subcommittee Liaisons: Dr. Patel, Mr. T.J. Zane • Poway Chamber of Commerce Liaison: Mrs. Michelle O’Connor-

Ratcliff • San Diego North Business Chamber of Commerce Liaison: Mr. T.J.

Zane • Palomar Council PTA Board Representative: Rotate • San Diego County Board of Supervisors Representative: Mr. T.J.

Zane

b. Nominations of California School Boards Association Delegate Assembly No action was taken on this item.

4.2 Public Comments Individuals wishing to address the Board regarding an item on the agenda or items of

specific concern, may do so at this time. Speakers are limited to (3) three minutes, (15) fifteen minutes per topic. Times may be shortened or extended at the direction of the Board. Speakers are requested to submit a speaker slip to the Clerk of the Board prior to the start of the meeting.

Public Comments: • Glen Whitman introduced himself to the Board.

• Janet Lettang spoke about LCAP and Performing Arts.

• John Lettang and Jessica Trost spoke in favor of the Performing Arts. 5.0 CONSENT CALENDAR

5.1 Consent Calendar - Approval of Minutes

5.2 Consent Calendar - Business Support Services a. Approval/Ratification of Contractual Services Report No. 05-2018 b. Ratification of District Purchase Orders, Revolving Cash Fund Expenditures, and

Purchase Card Transactions c. Approval of Resolution No. 30-2018 Entitled “Authorization to Purchase Computer

Systems, Related Equipment, and Services using the Los Angeles County Office of Education Contract”

d. Approval of Letter to Senators and Assemblymember requesting Governor Brown to

Prioritize an Increased Pace of Sale of Proposition 51 Bonds e. Adoption of the 2018-2019 Budget Development Calendar

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f. Accept the Annual Disclosure Compliance Request 2016-2017 5.3 Consent Calendar - Learning Support Services a. Approval/Ratification of Out-of-State Field Trips 5.4 Consent Calendar - Personnel Support Services a. Approval of Certificated Personnel Report No. 05-2018 b. Approval of Classified Personnel Report No. 05-2018 c. Approval of Resolution No. 32-2018 Entitled “Authorization to Teach Out of Major

or Minor Fields” d. Adoption of the 2018-2019 Student Attendance Calendar

5.5 Consent Calendar - Technology and Innovation

5.6 Consent Calendar – Superintendent a. Acceptance of Gifts On a motion by Mrs. O’Connor-Ratcliff, and a second by Mrs. Beatty, the Consent Calendar was approved as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

6.0 BUSINESS SUPPORT SERVICES

6.1 Authorize Appointment of Financing Team to Gather Information from Existing Bondholders

Following a presentation and discussion, on a motion by Mrs. O’Connor-Ratcliff, and a second by Mrs. Beatty, the Board approved the appointment of a Financing Team as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

6.2 Review and Acceptance of the 2016-2017 Financial Compliance and Program Audit Following a presentation and discussion, on a motion by Mr. Sellers, and a second by Dr.

Patel, the Board accepted the 2016-2017 Financial Compliance and Program Audit as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

6.3 Approval and Certification of First Interim Financial Report and Approval of

Resolution No. 31-2018 Entitled “Authorization to Revise the 2017-2018 Budget as Reflected in the First Interim Financial Report”

Following a presentation and discussion, on a motion by Mr. Sellers, and a second by Mrs. O’Connor-Ratcliff, the Board approved the First Interim Financial Report, Resolution 31-2018, and to Revise the 2017-2018 Budget as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

6.4 Approval of Engagement of a new Special Tax Consultant and CFD Administrator Following discussion, on a motion by Mr. O’Connor-Ratcliff, and a second by Dr. Patel, the

Board approved Engagement of a new Special Tax Consultant and CFD Administrator as presented. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

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6.5 Enrollment Report No. 3/2017-2018 This item was presented as information only.

7.0 LEARNING SUPPORT SERVICES

7.1 Ratification of Stipulated Agreement for Student Expulsion On a motion by Mrs. O’Connor-Ratcliff, and a second by Beatty, the Board approved the Ratification of case number 2017-2018.05. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

On a motion by Mrs. O’Connor-Ratcliff, and a second by Beatty, the Board approved the

Ratification of case number 2017-2018.07. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

On a motion by Mrs. O’Connor-Ratcliff, and a second by Beatty, the Board approved the Ratification of case number 2017-2018.08. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

On a motion by Mrs. O’Connor-Ratcliff, and a second by Mr. Sellers, the Board approved

the Ratification of case number 2017-2018.10. Ayes: O’Connor-Ratcliff, Zane, Patel, Beatty, and Sellers. Motion carried unanimously, 5-0.

7.2 California School Dashboard State Indicators

This item was presented as information only.

8.0 PERSONNEL SUPPORT SERVICES 8.1 2016-2017 Annual Report of the Personnel Commission

This item was presented as information only.

8.2 Annual Disclosure and Certification of Estimated Accrued Unfunded Liability for Self-Insured Workers’ Compensation Claims, Fiscal Year 2016-2017, and Submittal of Annual Workers’ Compensation Self-Insurer’s Report to State

This item was presented as information only. 9.0 TECHNOLOGY AND INNOVATION 10.0 SUPERINTENDENT 11.0 REPORTS AND COMMENTS

11.1 Board Member Reports Board members reported on their activities and events attended since the previous meeting. 11.2 Superintendent’s Report

The following updates on current issues and events were presented: • Dr. Kim-Phelps spoke about the Mt. Carmel Sundevils Marching Band and Color Guard

awarded Grand Champions in the Southern California School Band Championships for the third year in a row; and students from Meadowbrook, Oak Valley, and Design39Campus placing first and second in their categories for the first Lego League regional competition at Legoland.

• Dr. Kim-Phelps spoke about vision to increase access to foreign languages for our students.

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(a) Student Recognition Accomplishments and awards earned by students were recognized. (b) Staff Recognition

Accomplishments and awards earned by staff were recognized. (c) School Recognition Accomplishments and awards earned by schools were recognized. 12.0 CLOSED SESSION

There were no additional items discussed in Closed Session. 13.0 ADJOURNMENT

The meeting was adjourned at 8:54 p.m. ________________________________ ________________________________ T.J. Zane, President Darshana Patel, Vice President/Clerk

_________________________________

Marian Kim-Phelps, Secretary am



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 5.2(a) Staff Support: Janay Greenlee SUBJECT: APPROVAL/RATIFICATION OF CONTRACTUAL

SERVICES REPORT NO. 06-2018 Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve/Ratify the Contractual Services Report No. 06-2018. DISCUSSION/PROGRAM:

The attached Contractual Services Report summarizes contracts in excess of $15,000 which have been submitted subsequent to the last Board meeting and for which Board approval/ratification is now being sought.

LEGAL REFERENCE:

California Education Code Section 17604 and California Government Code Section 53060

FISCAL IMPACT: As noted on attached list

POWAY UNIFIED SCHOOL DISTRICT

CONTRACTUAL SERVICES REPORT NO. 06-2018 DATE: January 18, 2018

1 of 1

Item No.

Contract Effective

Dates

Consultant/ Supplier

Description of Service School/Department Budget

Fee Not to Exceed

Contract Amendments

01 07-01-17 to

06-30-18

24 Hour Fire Protection Extension for Inspection, testing, maintenance, and certification of fire extinguishing systems and standpipe systems districtwide per terms and conditions of RFP 2016-02P

General Fund Original amount: $40,000

Increase to: $75,000

02 07-01-17 to

06-30-18

Alignment Express of CA, Inc.

Services for alignment of District buses General Fund Unrestricted

Original amount: $55,000


03 07-01-17 to

06-30-18

EBS Healthcare, Inc. Support for leaves of absences of speech and language therapists

General Fund Restricted



04 08-01-17 to

06-07-18

Mission on the Edge Before and After School Education & Safety (ASES) program at Valley Elementary School to reflect an increase in grant funding

General Fund (Grant Funded)



05 07-01-17 to

06-30-18

New Bridge School Tuition/Non Public Schools General Fund Restricted



2017-2018 Contracts

06 01-01-18 to

06-30-18

Claim Retention Services

Extension for third party property and liability claims administration fee

Insurance Deductible Fund

$17,750

07 12-13-17 to

06-30-19

David Taussig & Associates (DTA)

Special Tax Consultant and Community Facilities District (CFD) Administrator

Community Facilities District Fund

$300,000

08 01-01-18 to

06-30-19

David Taussig & Associates (DTA)

Continuing disclosure reports


$50,000

09 07-01-17 to

02-04-20

Fieldman, Rolapp & Associates, Inc.

Financial Advisory Services for General Obligation Bonds and Special Taxes


and General Fund Unrestricted

$50,000 annually

10 01-04-18 to

02-28-18

Kyne Construction Emergency fire line repair and mitigation for Monterey Ridge Elementary School

General Fund Unrestricted

$75,000

11 07-01-17 to

06-30-18

Leal-Trejo, APC Legal services provided by Maribel Medina as required for the Superintendent’s Office and Board of Education

General Fund Unrestricted

$75,000



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 5.2(b) Staff Support: Janay Greenlee SUBJECT: RATIFICATION OF DISTRICT PURCHASE ORDERS,

REVOLVING CASH FUND EXPENDITURES, AND PURCHASE CARD TRANSACTIONS

Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Ratify District purchase orders, revolving cash fund expenditures, and purchase card transactions. DISCUSSION/PROGRAM:

The purchase order listing for the District’s purchases during the period December 1 through December 31, 2017, is attached. The purchase order report itemizes all purchases above $5,000. This report is sorted by fund. A legend describing the fund and location numbers appears at the end of the report. The dollar amount of all purchases under $5,000 is included in the summary purchase order total, along with the total of those itemized in the report. Staff is requesting that these purchases be ratified. All contracts which exceed $15,000 are submitted and described for approval/ratification in a separate item 5.2(a) on this agenda.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: As noted in attachments

Poway Unified School District

Purchase Orders Over $5,000

December 2017

January 18, 2018

Line

No.PO No. PO Date Fund Supplier Op. # Description Total

1 0000026450 12/1/2017 0100 Aztec Technology Corporation 010 Technology Equipment 7,907.33$

2 0000026460 12/1/2017 0100 Naviance, Inc. 008 Online Subscrip/Lic/Maint Agr 5,968.30$

3 0000026467 12/4/2017 0100 OAH2017090419 324 Settlement Expense 6,500.00$

4 0000026479 12/4/2017 0100 NvLS Professional Services LLC 329 Other Services and Contracts 6,500.00$

5 0000026487 12/4/2017 0100 School Savers 005 Supplies 6,487.64$

6 0000026489 12/4/2017 0100 Eracks Systems 302 Technology Equipment 48,573.63$

7 0000026501 12/4/2017 0100 CDW-G Sales 329 Equipment Replacement 6,993.65$

8 0000026514 12/5/2017 0100 Arey Jones Business Systems 320 Technology Equipment 9,017.17$

9 0000026519 12/5/2017 0100 Liden Technologies LLC 610 Online Subscrip/Lic/Maint Agr 5,334.00$


11 0000026529 12/5/2017 0100 Ward's Science 005 Technology Equipment 6,147.89$

12 0000026541 12/5/2017 0100 West Coast Air Conditioning Co., Inc. 302 Building and Improvement of Buildings 21,287.00$

13 0000026545 12/5/2017 0100 PSAT/NMSQT 005 Tests and Testing Materials 7,696.00$

14 0000026546 12/5/2017 0100 PSAT/NMSQT 007 Tests and Testing Materials 7,408.00$

15 0000026577 12/6/2017 0100 Dion International Trucks LLC 629 Contracted Repairs Bus Only 10,000.00$

16 0000026602 12/8/2017 0100 Medieval Times Dinner and Tour 037 Other Services and Contracts 14,591.75$



19 0000026639 12/11/2017 0100 ISOM Advisors 610 Consultants Non-Instructional 7,500.00$


21 0000026645 12/11/2017 0100 Lexia Learning Systems LLC 080 Online Subscrip/Lic/Maint Agr 9,900.00$

22 0000026649 12/11/2017 0100 Apple Computer, Inc. 020 Technology Equipment 5,320.99$


24 0000026657 12/11/2017 0100 Grainger, Inc. 302 Technology Equipment 5,121.21$

25 0000026684 12/12/2017 0100 Today's Classroom LLC 302 Technology Equipment 8,819.71$

26 0000026720 12/12/2017 0100 Kelly Paper 910 Stores 20,726.79$

27 0000026736 12/13/2017 0100 VectorUSA 302 Technology Equipment 7,611.25$

28 0000026768 12/14/2017 0100 ROI Networks LLC 329 Maintenance Contracts 5,248.85$

29 0000026773 12/14/2017 0100 Riddell/All American Sports 006 Contracted Repairs 11,313.75$

30 0000026778 12/14/2017 0100 New Bridge School 324 Subagreements for Services 26,820.00$

31 0000026794 12/14/2017 0100 One Stone Apparel 010 Supplies 7,525.00$

32 0000026813 12/19/2017 0100 Learning For Living, Inc. 009 Other Services and Contracts 5,000.00$

33 0000026818 12/19/2017 0100 Diversified Window Coverings, Inc. 039 Equipment 5,380.00$

34 0000026825 12/19/2017 0100 ABA Education Foundation 324 Consultants Non-Instructional 7,500.00$


36 0000026876 12/20/2017 0100 Merz Construction, Inc. 619 Contracted Repairs 7,682.00$

37 0000026905 12/20/2017 0100 Creative Bus Sales 629 Contracted Repairs Bus Only 5,799.13$

38 0000026916 12/21/2017 0100 Prospectra Contract Flooring 619 Carpet Repair/Maintenance 10,000.00$

39 0000026917 12/21/2017 0100 Beynon Sports Surfaces, Inc. 619 Site Construction/Improvements 13,113.00$

40 0000026923 12/21/2017 0100 Brain Learning Psychological Corporation 324 Consultants Non-Instructional 5,900.00$

41 0000026938 12/21/2017 0100 Fieldman, Rolapp and Associates, Inc. 637 Consultants Non-Instructional 5,678.49$

42 0000026969 12/22/2017 0100 Brainpop 333 Online Subscrip/Lic/Maint Agr 17,838.85$

TOTAL FUND 0100 441,686.12$

43 0000026809 12/15/2017 6715 California Industrial Relations 636 Other Services and Contracts 68,628.17$

TOTAL FUND 6715 68,628.17$

44 0000026605 12/8/2017 6730 TC-16-19 636 Settlement Expense 9,232.35$

45 0000026615 12/8/2017 6730 Active Auto Collision Paint 636 Contracted Repairs 12,338.00$

TOTAL FUND 6730 21,570.35$

Total POs over $5,000 531,884.64$

528 Total Purchase Orders 883,474.91$

593 Total Purchase Card Transactions 55,027.79$

Total Revolving Cash Expenditures 29,751.07$

GENERAL FUND

SELF INSURANCE/WORKERS COMPENSATION FUND

INSURANCE DEDUCTIBLE LOSS FUND

Legend:005 Poway High006 Mt. Carmel High007 Rancho Bernardo High008 Del Norte High009 Westview High010 Black Mountain Middle

020 Meadowbrook Middle037 Oak Valley Middle039 Design39 Campus067 Morning Creek Elementary080 Pomerado Elementary085 Sunset Hills Elementary

302 Career Tech/Adult Ed320 LSS/Rens324 Special Education 329 Information Technology333 LSS/Robertson610 Business Services

619 Maintenance and Operations629 Transportation636 Risk Management637 Planning910 PUSD/Warehouse

12/1/2017 - 12/22/2017



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 5.2(c) Staff Support: Chad Koster SUBJECT: APPROVAL OF A LOT LINE ADJUSTMENT AT DEL SUR

ELEMENTARY SCHOOL Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve the lot line adjustment and authorize the Associate Superintendent of Business Support Services to sign the Parcel Map. DISCUSSION/PROGRAM:

After the completion of construction at Del Sur Elementary School, it was determined that a portion of the parking lot exit encroached onto Black Mountain Ranch LLC’s (“BMR”) City park property. After discussion with BMR, they agreed to adjust the lot line at no cost to the District. BMR is now reaching completion of the park project, and has prepared the lot line adjustment for Board approval. Upon approval, BMR will provide staff with the mylar of the Parcel Map for signature and submit the lot line adjustment for recordation by the County of San Diego. A draft copy of the Parcel Map has been provided to the Board of Education electronically for their information.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 5.2(d) Staff Support: Janay Greenlee SUBJECT: AWARD CONTRACTS FOR BID NO. 2017-11B PHOTO,

AUDIO VISUAL EQUIPMENT AND SUPPLIES TO B&H FOTO & ELECTRONICS CORP., GEORGE'S CAMERA, AND MUSSON THEATRICAL


RECOMMENDATION: Award contracts for Bid No. 2017-11B Photo, Audio Visual Equipment and Supplies to B&H Foto & Electronics Corp., George's Camera, and Musson Theatrical. DISCUSSION/PROGRAM:

The Career Technical Education Department has requested supplies and equipment for several of its Arts, Media and Entertainment programs at all five of the District’s comprehensive high school sites. One of the cornerstones of quality career technical education is ensuring that the skills students learn are current and relevant. Each year teachers bring recommendations for purchases of equipment and supplies to improve their programs and align with industry standards. Bid packets were sent to eighteen vendors; four responded. A summary is attached for the Board’s review.

LEGAL REFERENCE:

Public Contract Code Section 20111

FISCAL IMPACT: Approximately $237,965 from the Career Technical Education Grant


SUMMARY – BID 2017-11B PHOTO, AUDIO VISUAL EQUIPMENT AND SUPPLIES TO

This summary is prepared for the Board Meeting of January 18, 2018

BIDDERS AWARDED LINE ITEMS AWARD AMOUNT

B&H Foto & Electronics Corp. 1-45, 47, 49-64, 66-70, 72-77, 86-91, 93-94, 121-122, 128-131, 134, 136-148 $151,053

George's Camera 48, 71, 78-79, 82-85, 92 $4,807 Golden Star Technology, Inc. None Musson Theatrical 95-120, 124-127, 132-133, 149-160, 162-172 $82,105

Total $237,965

No Bid line items: 46, 65, 80, 81, 123, 135, 161, 173

Recommend that the Board award contracts for line items as shown above. <><><><><><><><><><><><><><><><><><><><><><><><><><>

Bid packets were sent to these eighteen vendors

B&H Foto & Electronics Corp. MSI Meeting Services, Inc. CDW-G Musson Theatrical Datel Systems, Inc. Muzeek World Int’l Inc. Digital Networks Group, Inc. Nelson Photo Supplies Filmtools Palmer Audio Video Installation Full Compass Systems Pathway Communications, LTD George's Camera Samy's Camera Golden Star Technology, Inc. Sweetwater Sound, Inc. LightWerks Communication Systems, Inc. Troxell Communications, Inc.



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 5.2(e) Staff Support: Janay Greenlee/Chad Koster SUBJECT: AWARD A CONTRACT FOR BID NO. 2017-09B

COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM SOFTWARE AND FACILITIES CONDITION ASSESSMENT SERVICES TO AMERESCO ASSET SUSTAINABILITY GROUP, LLC


RECOMMENDATION: Award a contract for Bid No. 2017-09B Computerized Maintenance Management System Software and Facilities Condition Assessment Services to Ameresco Asset Sustainability Group, LLC. DISCUSSION/PROGRAM:

The District sought proposals to conduct the first district wide Facility Condition Assessment (FCA) to inventory and assess all major building systems, document deficiencies, establish the current Facility Condition Index (FCI) for each building (industry standard), and develop a 20-year capital plan. The solicitation also included providing an integrated Computerized Maintenance Management System (CMMS) software that included Work Order Management, Scheduled Preventive Maintenance, and Capital Forecasting capabilities. The scope includes full integration of the data collected during the FCA into the CMMS software solution, delivering to the District a fully functional, turnkey system. This FCA and management software is a critical step necessary to improve the District’s strategic capital facilities and maintenance planning. The request for proposal was publicly advertised and bid packets were sent to five vendors; ultimately two responded. A cross-functional committee was formed to evaluate the proposed software solutions as well as the corresponding assessment services. After an initial evaluation of the proposals, both vendors were invited for a final presentation and interviews. Both companies’ proposals were strong and demonstrated the ability to perform the work. However, Ameresco’s proposal was determined to provide the best overall value to the District.

LEGAL REFERENCE:

Public Contract Code 20118.2

FISCAL IMPACT: $274,650 from Capital Project Fund 40 and Community Facility District Fund


SUMMARY – BID 2017-09B COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM SOFTWARE AND FACILITIES

CONDITION ASSESSMENT SERVICES

This summary is prepared for the Board Meeting of January 18, 2018

BIDDERS BID AMOUNT Ameresco Asset Sustainability Group, LLC Annual Software License: $35,900

One-time setup fee: $19,350 Facilities Assessment: $219,400 Total Initial Investment: $274,650

SchoolDude Annual Software Renewal: $32,077 One-time setup fee: $16,698 Facilities Assessment: $498,249 Total Initial Investment: $547,023

Recommend that the Board award a contract to Ameresco Asset Sustainability Group, LLC

<><><><><><><><><><><><><><><><><><><><><><><><><><>

Bid packets were sent to these five vendors: AEI Consultants Jacobs Engineering Ameresco Asset Sustainability Group, LLC SchoolDude Envise



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Mel Robertson AGENDA ITEM: 5.3 (a) Staff Support: Todd Cassen/Mercedes Hubschmitt SUBJECT: APPROVAL OF RESOLUTION NO. 33-2018 ENTITLED

"NATIONAL SCHOOL COUNSELING WEEK 2018" Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve Resolution No. 33-2018, proclaiming February 5-9 as National School Counseling Week 2018. DISCUSSION/PROGRAM:

This resolution is presented tonight to the Board of Education as part of National School Counseling Week to honor the unique contribution of professional school counselors within the Poway Unified School District. National School Counseling Week 2018, February 5-9, highlights the tremendous impact school counselors make in helping students achieve school success. The comprehensive counseling program promotes and enhances the learning process by facilitating development in three broad areas: academic development, personal/social development, and career development. This special week provides recognition for our school counselors who implement these counseling programs. Our district recognizes counselors for their continuous encouragement of students and helping them examine their abilities, strengths, interests, and talents.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A


RESOLUTION NO. 33-2018

NATIONAL SCHOOL COUNSELING WEEK 2018

ON MOTION of Member __________________________________________, seconded by Member _________________________________________, the following resolution is adopted:

WHEREAS, school counselors are employed in public and private schools to help students reach their full potential; and WHEREAS, school counselors are actively committed to helping students explore their abilities, strengths, interests, and talents as these traits relate to career awareness and development; and WHEREAS, school counselors help parents focus on ways to further the educational, personal, and social growth of their students; and WHEREAS, school counselors work with teachers and other educators to help students explore their potential and set realistic goals for themselves; and WHEREAS, school counselors seek to identify and utilize community resources that can enhance and complement comprehensive school counseling programs and help students become productive members of society; and WHEREAS, comprehensive developmental school counseling programs are considered an integral part of the education process that enables all students to achieve success in school; and WHEREAS, school counselors assist students to successfully transition to high school and meet all graduation requirements. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Education of the Poway Unified School District, having realized the importance of school counselors, that we do declare the week of February 5 to February 9 as National School Counseling Week 2018; and BE IT FURTHER RESOLVED AND ORDERED that, all citizens and organizations of goodwill should join in the counseling effort by coming together and working with school counseling programs that address the academic, personal/social, and career development needs of all students. PASSED AND ADOPTED on January 18, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.

___________________________________________ Dr. Darshana Patel, Clerk of the Board of Education



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Mel Robertson AGENDA ITEM: 5.3 (b) Staff Support: SUBJECT: APPROVAL/RATIFICATION OF OUT-OF-STATE FIELD

TRIPS Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve the out-of-state field trips. DISCUSSION/PROGRAM:

Date School To No. of Students Purpose of Trip Mode of

Travel Days Missed

1/28 to1/30/2018 MCHS Edwardsville, KS 1 Visit Herff Jones

Yearbook Plant Commercial

Airline 2

2/17 to 2/21/2018 WHS New Orleans, LA 18 Choir Performances and

Workshops Commercial

Airline none

4/4 to 4/10/2018 PHS Calgary, AB

Canada 28 Robotics Regional Competition

Commercial Airline 2

Activities paid for by donations and/or ASB funds.

LEGAL REFERENCE:

FISCAL IMPACT: None. No loss of ADA.



TO: BOARD OF EDUCATION MEETING DATE: Janaury 18, 2018 FROM: James Jimenez AGENDA ITEM: 5.4(a) Staff Support: Genny Girten SUBJECT: APPROVAL OF CERTIFICATED PERSONNEL REPORT

NO. 06-2018 Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve the Certificated Personnel Report No. 06-2018 as presented. DISCUSSION/PROGRAM:

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 5.4(b) Staff Support: Leisl Sanchez SUBJECT: APPROVAL OF CLASSIFIED PERSONNEL REPORT NO.

06-2018 Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve the Classified Personnel Report No. 06-2018 as presented. DISCUSSION/PROGRAM:

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 5.4(c) Staff Support: SUBJECT: APPROVAL OF RESOLUTION NO. 34-2018 ENTITLED

"REVISION OF DATE FOR OBSERVANCE OF 'LINCOLN DAY' 2019"


RECOMMENDATION: Approve Resolution No. 34-2018, entitled "Revision of date for observance of 'Lincoln Day' 2019". DISCUSSION/PROGRAM:

California Education Code Section 37220 (e) provides that for any of the mandated holidays contained in statute, except Veterans Day, the Governing Board may revise the day upon which schools are closed in observance by adoption of a resolution. Unless revised by such a resolution, the observance of Lincoln Day is to be the Monday or Friday in the week in which February 12 occurs. The 2018-2019 school calendar approved at the December 14, 2017, Board meeting observes Lincoln Day on Friday, February 22, 2019, to achieve a full week of recess including Washington Day on February 18, 2019. The week-long break during February has shown to be fiscally beneficial with improved Average Daily Attendance (ADA) of students and lower employee absences.

LEGAL REFERENCE:

California Education Code Section 37220(e)

FISCAL IMPACT: Positive Fiscal Impact

Board of Education of the Poway Unified School District


REVISION OF DATE FOR OBSERVANCE OF ‘LINCOLN DAY’ 2019

ON MOTION OF Member ___________________________, seconded by Member ________________________________, the following resolution is adopted:

WHEREAS, the approved School Calendar for the 2018-2019 school year contemplates the observance of “Lincoln Day” on Friday, February 22, 2019.

WHEREAS, California Education Code 37220 (e) provides, “Except for Veterans Day... the governing board of a school district, by adoption of a resolution, may revise the date upon which the schools of the district close in observance of any of the holidays identified…”.

WHEREAS, the observance of Lincoln Day in conjunction with Washington Day during the same

week, with intervening days as District recess, will have beneficial educational impacts for student instruction and positive fiscal impacts for the District through mitigation of loss of student ADA and reduction in substitute teacher replacement costs.

NOW, THEREFORE, IT IS RESOLVED THAT the Board adopt this resolution to observe “Lincoln Day” on February 22, 2019.

PASSED AND ADOPTED on January 18, 2018, by the following vote:

AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.

____________________________________

Dr. Darshana Patel Clerk of the Board of Education



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 5.4(d) Staff Support: SUBJECT: APPROVAL OF THE WILLIAMS SETTLEMENT

QUARTERLY REPORT FOR DECEMBER 2017 Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Approve the attached Williams Settlement Quarterly Report for December 2017. DISCUSSION/PROGRAM:

The Eliezer Williams, et al., vs. State of California, et al. (Williams) case was filed as a class action in 2000 in San Francisco County Superior Court. The plaintiffs included nearly 100 San Francisco County students, who filed suit against the State of California and state education agencies, including the California Department of Education (CDE). The basis of the lawsuit was that the agencies failed to provide public school students with equal access to instructional materials, safe and decent school facilities, and qualified teachers. The matter was settled in August 2004 and was enacted into law in September 2004. The legislation ensures that all students in California have equal access to the basics of a quality education, including textbooks and instructional materials, and safe and decent school facilities, qualified teachers, accurate reporting on the School Accountability Report Card, and a Uniform Complaint Procedure for alleged violations. The Williams Settlement requires school districts to submit quarterly reports to the San Diego County Office of Education on complaints received related to the insufficiency of instructional materials, emergency or urgent facility issues, and teacher vacancies and misassignments. The Williams legislation offers an opportunity for county and district superintendents to work collaboratively to support and assist all schools to improve student achievement. In addition, each district must submit a quarterly report to the governing board on the number of complaints in each area that have been received, and if resolved or unresolved. The report must be submitted publicly at a regularly scheduled meeting of the governing board in accordance with California Education Code 35186.


California Education Code Section 35186

FISCAL IMPACT: N/A

http://www.cde.ca.gov/ta/ac/sa/

http://www.cde.ca.gov/re/cp/uc/index.asp

It should be noted that the California Department of Education has no responsibility in Williams Settlement Complaints. The San Diego County Office of Education will assist the District in responding to complaints. The ultimate responsibility lies with the Board of Education. If a complainant is not satisfied with the Board of Education’s decision, their only recourse is to file a legal complaint.



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 5.4(e) Staff Support: David Hall SUBJECT: APPROVAL OF CLINICAL FACILITIES USE

AGREEMENT IN OCCUPATIONAL THERAPY STUDENTS WITH BAY PATH UNIVERSITY, LONGMEADOW, MASSACHUSETTS


RECOMMENDATION: Approve the attached agreement between Bay Path University, Longmeadow, Massachusetts and Poway Unified School District, for the purpose of providing a Fieldwork education experience for Occupational Therapy Students. DISCUSSION/PROGRAM:

Occupational Therapists are in high demand throughout the County of San Diego to fulfill the obligations that school districts have in meeting the IEP goals of Special Education students. Poway Unified continues to be proactive in recruiting and securing certified Occupational Therapists as district employees. In that effort, we have entered into an agreement with Bay Path University, Longmeadow, Massachusetts, to provide Occupational Therapy students an opportunity to participate in their clinical practicum in our school district. The practicum is part of the educational requirement for Occupational Therapy students. A student is assigned to a certified Occupational Therapist in our district, and then participates in hours of observation and application. The agreement with Bay Path University, Longmeadow, Massachusetts is attached.

LEGAL REFERENCE:


FISCAL IMPACT: N/A

Agreement of Understanding

Between

Bay Path University 588 Longmeadow Street Longmeadow, MA 01106

And


15250 Avenue of Science San Diego, CA 92128

This Agreement of Understanding is entered into on January 10th, 2018 between Bay Path University, (hereinafter “University"), and, Poway Unified School District (hereinafter "Facility"), for the purpose of providing a Fieldwork education experience for Occupational Therapy students at Bay Path University. This Agreement of Understanding includes both Level I Fieldwork (an introductory experience to occupational therapy and normal human occupations) and Level II Fieldwork (an internship that trains the student to the level of an entry-level therapist). A. University and Facility mutually agree:

1. To establish the educational objectives for the fieldwork experience, devise methods for their implementation, and regularly evaluate these objectives to determine the effectiveness of the fieldwork experience.

2. Both mutually agree to comply with all laws prohibiting discrimination

in employment or education.

3. To determine the number of students to be assigned to the Facility and dates for the clinical fieldwork experience. The University will share the program’s fieldwork objectives to provide a general guideline for expectations. Student assignments and learning objectives will be selected in accordance with the particular experience and the opportunities available at the Facility.

4. To collaborate to resolve conflicts and problems with students. The Facility will initiate contact with the University when concerns arise. The Facility reserves the right to withdraw from the clinical education assignment any student whose performance is unsatisfactory, who fails to meet the policies and procedures of the Facility or whose health status is a detriment to the student’s successful completion of the fieldwork experience. Such withdrawal must be in writing and contain a statement

of facts describing the student’s conduct and performance to the Academic Fieldwork Coordinator at the University.

B. The University agrees: 1. To assume responsibility for assuring continuing compliance with the

educational standards established by the Accreditation Council for Occupational Therapy Education.

2. To establish and maintain ongoing communication with the Fieldwork

Supervisor of the Facility on items pertinent to the education of occupational therapy students. Communication may include, but not be limited to, providing current curriculum, course descriptions, and academic and fieldwork policies. Ongoing telephone contact will be maintained and on-site visits will be arranged when feasible.

3. To confirm with the Fieldwork Supervisor of the Facility the student’s

name, length and dates of fieldwork experience, and the personal data form completed by the student.

4. To refer to the Facility only those students who have satisfactorily

completed the academic portion of the curriculum. 5. To provide the Facility with standard evaluation forms for the student’s

evaluation and the student’s evaluation of the Facility. 6. To educate the assigned student of the responsibility for complying with

pertinent rules and regulations of the Facility including, but not limited to, rules of confidentiality.

7. To provide professional liability insurance for the student during the

fieldwork experience. The limits of the coverage for the student will be $1,000,000 per occurrence, up to $3,000,000 aggregate for the policy period. The University agrees to provide the Facility a copy of the Certificate of Insurance showing said coverage.

8. To provide the Facility with documentation that determines that the student meets the health record requirements of the Facility. Laboratory evidence of immunity for measles (Rubeola), German Measles (Rubella),

mumps, and chicken pox (Varicella). Documentation will be provided for Hepatitis B, tetanus, diphtheria, the results of a tuberculin skin test and an influenza shot.

9. To provide the Facility documentation that the student is currently trained in American Red Cross or American Heart Association Basic Life Support (CPR) and OSHA Bloodborne Pathogens training.

10. To provide the Facility documentation that the student has completed a criminal background check.

C. The Facility agrees: 1. To designate as Fieldwork Supervisor the staff member who will be

responsible for the planning and implementation of the fieldwork experience

2. That the student supervisor must meet state regulations and have a minimum of one year of practice experience.

3. To ensure that supervision provides protection of consumers and opportunities for appropriate role modeling of occupational therapy practice. Initially, supervision should be direct, then decrease to less direct supervision as is appropriate for the setting, the severity of client’s condition, and the ability of the student. The fieldwork experience would include an orientation of the facility and its safety procedures.

4. That for Level II Fieldwork experience in a setting where there is no occupational therapist on site, the Facility must document that there is a plan for the provision of occupational therapy services. On-site supervision must be provided in accordance with the plan and state credentialing requirements. The student must receive a minimum of ten hours of occupational therapy supervision per week, including direct observation of client interaction. Additionally, the occupational therapy supervisor must be readily available for communication and consultation during work hours.

5. That for Level I fieldwork experience qualified personnel include, but are Not limited to, occupational therapy practitioners initially certified, psychologists, physician assistants, teachers, social workers, nurses, and physical therapists. The goal of Level I Fieldwork is to introduce students to the fieldwork experience, and develop a basic comfort level with an understanding of the needs of clients through directed observation and participation in selected aspects of the occupational therapy process. The focus of these experiences is not intended to be independent performance.

6. To reserve the right to restrict activities required to provide the services herein to only those persons without criminal conviction. A criminal history background check may be required of the student and the Facility will notify the University of this requirement at least four weeks prior to the start of fieldwork.

7. To advise the University of any changes in its personnel, operation, or policies which may affect the fieldwork experience.

8. To provide the assigned student, whenever possible, with the use of

library facilities, and study and storage space.

9. To arrange for any emergency care as required if the student becomes ill while completing the fieldwork experience. The student will be responsible for any charges thus generated. The University will be notified of the student's status.

10. To evaluate the performance of the assigned student on an ongoing basis,

to discuss progress, and provide a formal midterm and final evaluation. The completed final evaluation will be forwarded to the University within two (2) weeks following conclusion of the student's fieldwork experience. To advise the University, at least by midterm, of any serious deficit noted in the ability of the assigned student to progress toward achievement of the stated fieldwork objectives.

11. To not charge the student tuition or any other fees associated with the

fieldwork assignment. 12. To not be responsible for the social security, unemployment, or Worker's

Compensation for the student, as the student is not, under any circumstances, employee, agent, or independent contractor of the Facility.

D. Terms of Agreement: This Agreement automatically renews for a maximum of 5 one-year periods

thereafter, unless terminated in writing by either party. This Agreement or renewal may be amended or terminated at the option of

either party upon ninety (90) days written notice, one to the other, delivered by certified return receipt.

INDEMNIFICATION University shall indemnify and hold Facility, its directors, employees, officers,

managers, agents, and contractors harmless from and against any and all claims, losses, settlements, judgments, damages, liabilities, costs and expenses, including reasonable attorneys fees, that are caused by or arise out of any fault, omission, negligence or other misconduct by University, its students, directors, employees, officers, managers, agents and contractors in connection with the services provided under this Agreement.

The Facility shall indemnify and hold University, its students, directors,

employees, officers, managers, agents, and contractors harmless from and against any and all claims, losses, settlements, judgments, damages, liabilities,

costs and expenses, including reasonable attorneys fees, that are caused by or arise out of any fault, omission, negligence, or other misconduct by the Facility, its directors, employees, officers, managers, agents and other contractors in connection with the services provided under this Agreement.

COMPLIANCE WITH LAWS/HIPAA The parties will comply with all applicable rules and regulations of all

governmental, regulatory and accreditation authorities, including all applicable patient privacy and security regulations set forth in the Health Insurance Portability and Accountability Act (HIPAA). At such time as it is required by law, the parties will enter into a business associate agreement in whatever form(s) deemed appropriate by each of the parties to comply with the requirements of the regulations addressing the privacy and security of individually identifiable patient health information.

E. Notices Communication to the University will be as follows: Communication to the Facility

will be as follows:

Academic Fieldwork Coordinator Bay Path University

588 Longmeadow Street Longmeadow, MA 01106

Poway Unified School District 15250 Avenue of Science San Diego, CA 92128

The signatures below attest to agreement to abide by the described practices.

____________________________ Lynda Bishop, Director of Clinical Education, Bay Path University

______________________________ Date ____________________________ Beverly St. Pierre, Director of Occupational Therapy Programs, Bay Path University

______________________________ Date

____________________________ Michael Giampietro, Vice President of Administrative and Financial Services, Bay Path University

______________________________ Date ______________________________ James Jimenez, Associate Superintendent, Personal Support Services, Poway Unified School District _____________________________ Date



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 5.6(a) Staff Support: SUBJECT: ACCEPTANCE OF GIFTS Action


RECOMMENDATION: Accept gifts, and Superintendent write a letter of appreciation to the donor(s). DISCUSSION/PROGRAM:

GIFT DONOR TO $2,000 RBHS PTSA 2016-2017 gift to Rancho Bernardo High School

$5,000 Nordson Corporation Foundation

Mt. Carmel High School’s Robotics Club

LEGAL REFERENCE:


FISCAL IMPACT: As Listed



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 6.1 Staff Support: Chad Koster SUBJECT: APPROVAL TO EXECUTE LED LIGHTING RETROFIT

PROJECTS AT ADOBE BLUFFS, CREEKSIDE, GARDEN ROAD, HIGHLAND RANCH, SUNDANCE, TURTLEBACK, AND VALLEY ELEMENTARY SCHOOLS, AND MEADOWBROOK AND TWIN PEAKS MIDDLE SCHOOLS UTILIZING SDG&E'S ON-BILL FINANCING (OBF) PROGRAM


RECOMMENDATION: Approve the On-Bill Financing (OBF) Loan Agreements with SDG&E and award the construction contract to Barnhart-Reese Construction, Inc., for the subject projects. DISCUSSION/PROGRAM:

On April 5, 2016, the Board approved Barnhart-Reese Construction, Inc., as an energy conservation vendor with the task of pursuing “On-Bill Financing” (OBF) opportunities with SDG&E on behalf of the District. The OBF program provides project financing for energy saving projects through a 0% interest loan, paid back through the resulting energy savings. For the initial round of projects, we selected nine schools based on energy use and age of existing lighting systems to pursue complete LED lighting retrofits (see attached). Barnhart-Reese Construction completed energy audits and proposed an LED retrofit solution (consistent with work completed through Prop 39). The projects were reviewed and projected savings verified through SDG&E and ultimately approved for the program. The total SDG&E loan amount for the nine projects is $1,717,849.89 and together conservatively estimated to realize $196,555 in annual energy savings. The average payback period for the projects is 8.7 years. In addition to these immediate energy savings, the projects will also significantly reduce maintenance and repair costs.

LEGAL REFERENCE:

California Government Code, Section 4217.10, et seq

FISCAL IMPACT: Projects repaid through energy savings and rebates

Site

Available

OBF

Total Project

Cost

(less)

Rebate

SDGE Loan

Amount Est

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ate

ABES - Adobe Bluffs 250,000 224,242.35 14,742.00 209,500.35 20,137.82 10.40 126 1,664.82 1,678.15 0.19

CSES - Creekside 144,751 140,400.24 14,286.00 126,114.24 20,888.93 6.04 73 1,717.04 1,740.74 0.19

GRES - Garden Road 250,000 75,064.36 5,100.00 69,964.36 9,401.85 7.44 90 774.81 783.50 0.28

HRES - Highland Ranch 318,924 227,854.40 17,500.00 210,354.40 18,759.89 11.21 136 1,551.79 1,563.32 0.18

MBMS - Meadowbrook 508,496 324,038.16 24,930.00 299,108.16 30,250.91 9.89 120 2,499.84 2,520.91 0.17

SDES - Sundance 426,616 185,386.89 13,165.00 172,221.89 13,102.68 13.14 159 1,085.01 1,091.89 0.11

TBkES - TurtleBack Elementary 379,725 177,351.61 12,220.00 165,131.61 28,856.07 5.72 70 2,370.16 2,404.67 0.22

TPMS - Twin Peaks Middle 510,000 347,341.13 24,885.00 322,456.13 26,319.05 12.25 148 2,178.44 2,193.25 0.16

VES - Valley Elementary 160,385 158,462.76 15,464.00 142,998.76 28,837.72 4.96 61 2,363.43 2,403.14 0.19

TOTAL 1,860,141.89 142,292.00 1,717,849.89 196,554.92 8.74 16,205.33 16,379.57

Potential additional savings not factored into the above calculations:

1. "Daylight harvesting" dimming controls will go into all classrooms making use of ambient daylight and dimming the light fixtures based on the amount

of ambient light present in the classroom. (Potential additional energy savings estimated between 15%-40%)

2. Maintenance cost avoidance savings - New lighting includes a 5 Year "Full Service" (parts & labor) warranty

3. Future Increases in SDG&E energy rates.

Poway Unified School District Phase 1 LED Lighting Upgrade

Utilizing SDG&E On-Bill Financing Program



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 6.2 Staff Support: SUBJECT: APPROVAL OF RESOLUTION NO. 36-2018 CALLING FOR

FULL AND FAIR FUNDING OF CALIFORNIA'S PUBLIC SCHOOLS


RECOMMENDATION: Approve Resolution No. 36-2018 calling for full and fair funding of California's Public Schools. DISCUSSION/PROGRAM:

California has the world's sixth-largest economy and the highest gross domestic product of any state in the United States. Despite the State’s leadership in the global economy, California ranks near the bottom nationally with respect to nearly every measure of public K-12 school funding and staffing, a status that threatens the prosperity of the state and the strength of California communities. While California lags behind most of the country in public school funding, school districts and county offices of education are facing increased financial pressure from rapidly rising costs. Moreover, the current LCFF K-12 funding model adversely impacts those K-12 districts with relatively low unduplicated student counts. It's time that California end decades of underinvestment in public schools and provide the resources needed to offer all students a high-quality education. The Poway Unified School District Board of Education urges the California State Legislature to fund California's public schools at the national average or higher by the year 2020, and at a level equal to or above the average of the top ten states by 2025.

LEGAL REFERENCE:

N/A

FISCAL IMPACT:

Poway Unified School District RESOLUTION NO. 36-2018

Resolution Calling for Full and Fair Funding of California’s Public Schools

On Motion of Member ______________________________, seconded by Member _____________________________, the following resolution is adopted: WHEREAS, California has the sixth largest economy in the world, and the largest Gross Domestic Product (GDP) of any state in the nation; and WHEREAS, despite California’s leadership in the global economy, the state falls in the nation’s bottom quintile on nearly every measure of public K-12 school funding and school staffing; and WHEREAS, California ranks 45th nationally in the percentage of taxable income spent on education, 41st in per-pupil funding, 45th in pupil–teacher ratios and 48th in pupil–staff ratios; and WHEREAS, K-12 school funding has not substantially increased, on an inflation-adjusted basis, for more than a decade; and WHEREAS, under the Local Control Funding Formula (LCFF), state funding for K-12 schools has only this year recently returned to levels predating the Great Recession of 2007; and WHEREAS, the modest revenue increases since the implementation of LCFF have been eroded by rapidly increasing costs for health care, pensions, transportation and utilities; and WHEREAS, 58 percent of California’s public school students are eligible for free and reduced-price lunch — 13 percent above the national average — and 23 percent of California students are English learners, more than twice the national average; and WHEREAS, California’s investment in public schools is out of alignment with its wealth, its ambitions, its demographics and the demands of a 21st-century education; and WHEREAS, in 2007, a bipartisan group of California leaders commissioned a report titled Getting Down to Facts, which stated it would take an additional $17 billion annually to meet the State Board of Education achievement targets for K-12 schools; and WHEREAS, in 2016, a California School Boards Association (CSBA) report, California’s Challenge: Adequately Funding Education in the 21st Century, updated the Getting Down to Facts data and determined that, adjusting for inflation, an additional $22 billion to $40 billion annually would be required to provide all public school students with access to a high-quality education; and WHEREAS, California funds schools at roughly $1,961 per student less than the national average, which translates to approximately $3,462 per student when adjusted for California being a high-cost state; and WHEREAS, California trails the average of the top 10 states by almost $7,000 in per-pupil funding; and WHEREAS, in Robles-Wong v. State of California, a group of plaintiffs led by CSBA argued that California’s school funding system violated Article IX of the State Constitution by denying all students

access to an education that prepares them for economic security and full participation in our democratic institutions; and WHEREAS, the California Supreme Court declined to hear the case by a 4-3 margin, prompting Justice Goodwin H. Liu to write: “It is regrettable that this court, having recognized education as a fundamental right in a landmark decision 45 years ago [Serrano v. Priest (1971) 5 Cal.3d 584], should now decline to address the substantive meaning of that right.”; and WHEREAS, in order to prepare our students for participation in a democratic society and an increasingly competitive, technology-driven global economy, California must fund schools at a level sufficient to support student success; and WHEREAS, despite its vast wealth, California has consistently underfunded public education while widening its scope, adding new requirements and raising standards without providing appropriate resources to prepare all students for college, career and civic life; and WHEREAS, if California is to close opportunity and achievement gaps and create a public school system that offers consistently high levels of education, the State must provide schools with the resources to meet the needs of their specific populations; NOW, THEREFORE BE IT RESOLVED, that the Governing Board of the Poway Unified School District urges the State Legislature to fund California public schools at the national average or higher by the year 2020, and at a level that is equal to or above the average of the top 10 states nationally by 2025 and to maintain, at a minimum, this level of funding until otherwise decreed. PASSED AND ADOPTED by the Board of Education of the Poway Unified School District at San Diego, California, on January 18, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )

This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education

of the Poway Unified School District of San Diego County.

__________________________________________

Clerk of the Board of Education



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 6.3 Staff Support: SUBJECT: GOVERNOR'S 2018-2019 BUDGET PROPOSAL UPDATE Action


RECOMMENDATION: Information only. DISCUSSION/PROGRAM:

Provided is a high-level overview with respect to the Governor’s Budget Proposal for 2018-19 and its potential impact on Poway Unified School District.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 6.4 Staff Support: Chad Koster SUBJECT: PROPOSITION 39 FINAL EXPENDITURE PLAN Action



Proposition 39 – California Clean Energy Jobs Act has provided a tremendous opportunity for the District to execute much needed energy saving projects. PUSD’s total five-year allocation is $7,462,273. Previously approved Energy Expenditure Plans (EEP) 1 and 2 totaled just over $3.6M and focused on the school sites with the highest energy intensity (energy used per square foot). Projects included LED lighting retrofits and HVAC efficiency projects at Del Norte and Westview High Schools and Painted Rock, Rolling Hills, and Tierra Bonita Elementary Schools. Also included were new pool pumps, motors and drives at Mt. Carmel, Rancho Bernardo, and Poway High Schools, and HVAC efficiency projects at Rancho Bernardo High and Bernardo Heights Middle School. The other major project was a district wide Energy Management System that will be able to track real time energy use at each school. Included is an interactive dashboard kiosk at each school that can also be linked to the school and District webpages that will show energy use, historic trends and efficiency metrics. The first three systems will be installed and tested in the next couple of months, prior to being deployed district wide at the end of the year. The District’s final EEP submission (EEP 3) is due in February 2018. One of the major proposed projects will replace end-of-life and failing mechanical systems at Mesa Verde Middle School, including two new chillers, two new boilers, and related system pumps and drives. At Del Norte High School, we will repair and replace damaged pumps on the central heating and cooling system, as well as replace an obsolete, proprietary control system with our District standard controls. LED lighting project comprised of the majority of the remaining budget, including: interior and exterior and LED lighting upgrades at Bernardo Heights Middle School and Rancho Bernardo High School, completing the interior lighting at Westview High School, and installing LED stadium lights to replace the failing system at Poway High. In accordance


N/A

FISCAL IMPACT:

with the Prop 39 guidelines, funding is also being reserved for energy management services, as well as training for District staff to improve the efficiency, maintenance and operation of the District’s complex mechanical systems. The total submitted budget for EEP 3 will be $4,582,308. This includes $3,460,876 of remaining Prop 39 allocation and $1,121,432 recaptured savings from EEP 1 & EEP 2.



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Ron Little AGENDA ITEM: 6.5 Staff Support: Joy Ramiro/Joe Tarantino SUBJECT: ENROLLMENT REPORT NO. 4/2017-2018 Action



The fourth month enrollment report for the period ending December 8, 2017, is attached for the Board’s review. Current school year enrollment comparison: Month 1 to Month 4 Elementary schools Decrease of 7 Middle schools Increase of 5 High schools Decrease of 33 Special Education Non-Public Schools (NPS) Decrease of 4 The District’s total enrollment at the end of the fourth month was 36,495 and represents a net loss of 39 students over month one of this year. The attendance rate for month four was 96.62 percent.

2017-18 Attendance Rates Average Month 1 Month 2 Month 3 Month 4 97.94% 97.24% 97.47% 96.62% 97.32%

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A

K-5 Enrollment

School TK Kind Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Sub -Total SDC Total Difference

Adobe Bluffs 380 12 68 61 52 51 57 60 361 15 376 (4)

Canyon View 500 25 67 77 71 78 80 77 475 30 505 5

Chaparral 840 50 128 124 122 128 130 130 812 23 835 (5)

Creekside 595 25 86 86 101 94 97 93 582 17 599 4

Deer Canyon 490 20 59 82 70 78 81 91 481 12 493 3

Del Sur 938 46 156 165 146 156 155 120 944 944 6

Design 39 791 25 120 145 132 121 121 122 786 786 (5)

Garden Road 477 25 71 75 78 49 80 80 458 18 476 (1)

Highland Ranch 709 25 114 109 99 112 114 113 686 18 704 (5)

Los Penasquitos 527 21 71 72 76 72 97 90 499 20 519 (8)

Midland 630 25 103 103 99 92 100 106 628 628 (2)

Monterey Ridge 1,000 24 135 146 157 181 165 163 971 31 1,002 2

Morning Creek 785 25 126 117 120 129 120 108 745 38 783 (2)

Painted Rock 656 25 95 102 101 107 97 120 647 10 657 1

Park Village 625 24 79 86 96 95 102 109 591 32 623 (2)

Pomerado 378 17 56 58 55 47 52 67 352 26 378 0

Rolling Hills 450 24 71 73 70 52 70 70 430 14 444 (6)

Shoal Creek 567 23 89 93 71 87 82 80 525 35 560 (7)

Stone Ranch 924 63 110 121 144 142 140 195 915 8 923 (1)

Sundance 437 24 57 64 70 57 84 79 435 7 442 5

Sunset Hills 455 19 62 65 63 63 73 60 405 48 453 (2)

Tierra Bonita 462 25 52 63 65 77 81 66 429 31 460 (2)

Turtleback 608 24 99 96 101 73 99 90 582 33 615 7

Valley 755 25 146 132 114 110 112 116 755 755 0

Westwood 824 24 122 128 142 139 125 121 801 24 825 1

Willow Grove 755 25 102 108 128 130 123 130 746 16 762 7

New Directions 11 4 2 4 3 2 15 15 4

TOTAL ELEMENTARY 16,569 690 2,444 2,555 2,545 2,524 2,640 2,658 16,056 506 16,562 (7)

Poway Unified School District2017-2018 Enrollment Report Month 4

November 13, 2017 - December 08, 2017

Month 1

2017-18

Month 4 2017-18

2017-18 Enrollment Report Month 4

6 - 8 Enrollment

School Grade 6 Grade 7 Grade 8 N/A N/A N/A Sub-Total SDC Total Difference

Bernardo Heights 1,540 518 505 462 N/A N/A N/A 1,485 51 1,536 (4)

Black Mountain 1,317 430 437 408 N/A N/A N/A 1,275 46 1,321 4

Design 39 368 112 132 121 N/A N/A N/A 365 365 (3)

Meadowbrook 1,374 442 436 449 N/A N/A N/A 1,327 37 1,364 (10)

Mesa Verde 1,342 469 407 432 N/A N/A N/A 1,308 37 1,345 3

Oak Valley 1,458 465 482 479 N/A N/A N/A 1,426 41 1,467 9

Twin Peaks 1,185 398 393 352 N/A N/A N/A 1,143 39 1,182 (3)

New Directions 23 5 10 17 N/A N/A N/A 32 32 9

TOTAL MIDDLE 8,607 2,839 2,802 2,720 N/A N/A N/A 8,361 251 8,612 5

9 - 12 Enrollment

School Grade 9 Grade 10 Grade 11 Grade 12 N/A N/A Sub-Total SDC Total Difference

Del Norte 2,164 578 556 514 477 N/A N/A 2,125 30 2,155 (9)

Mt. Carmel 1,905 463 472 457 448 N/A N/A 1,840 45 1,885 (20)

Poway High 2,221 575 569 511 508 N/A N/A 2,163 42 2,205 (16)

Rancho Bernardo 2,342 584 581 596 516 N/A N/A 2,277 52 2,329 (13)

Westview 2,360 569 584 590 565 N/A N/A 2,308 45 2,353 (7)

New Directions & TPP 85 7 11 38 54 N/A N/A 110 110 25

TOTAL COMP. H.S. 11,077 2,776 2,773 2,706 2,568 N/A N/A 10,823 214 11,037 (40)

Abraxas 210 4 28 118 N/A N/A 150 67 217 7

TOTAL HIGH SCHOOL 11,287 2,776 2,777 2,734 2,686 N/A N/A 10,973 281 11,254 (33)

Non Public Schools 71 N/A N/A N/A N/A N/A N/A 0 67 67 (4)

Total District Mo. 1 2017-18 36,534 36,495 (39)

Adult Ed. - To Date 834 * Certified

CTE - To Date 8,421 2017-18 CALPADS* 36,516

PAL - To Date 38 2016-17 CALPADS* 35,956

2015-16 CALPADS* 35,771

2014-15 CALPADS* 35,629

2013-14 CALPADS* 35,498CALPADS - California Longitudinal Pupil Achievement Data Systems

Month 1

2017-18

Month 4 2017-18

TOTAL DISTRICT

Month 1

2017-18

Month 4 2017-18

2017-18 Enrollment Report Month 4

34,70034,80034,90035,00035,10035,20035,30035,40035,50035,60035,70035,80035,90036,00036,10036,20036,30036,40036,50036,60036,700

1 2 3 4 5 6 7 8 9 10 11

Stu

de

nts

Month

POWAY UNIFIED SCHOOL DISTRICTTOTAL SCHOOL ENROLLMENT

2017-18

2016-17

2015-16

2014-15

2013-14

16,300

16,350

16,400

16,450

16,500

16,550

16,600

16,650

1 2 3 4 5 6 7 8 9 10 11

Stu

de

nts

Month

POWAY UNIFIED SCHOOL DISTRICTELEMENTARY SCHOOL ENROLLMENT

2017-18

2016-17

2015-16

2014-15

2013-14

7,8757,9257,9758,0258,0758,1258,1758,2258,2758,3258,3758,4258,4758,5258,5758,6258,675

1 2 3 4 5 6 7 8 9 10 11

Stu

de

nts

Month

POWAY UNIFIED SCHOOL DISTRICTMIDDLE SCHOOL ENROLLMENT

2017-18

2016-17

2015-16

2014-15

2013-14

10,700

10,750

10,800

10,850

10,900

10,950

11,000

11,050

11,100

11,150

11,200

11,250

11,300

11,350

1 2 3 4 5 6 7 8 9 10 11

Stu

de

nts

Month

POWAY UNIFIED SCHOOL DISTRICTHIGH SCHOOL ENROLLMENT

2017-18

2016-17

2015-16

2014-15

2013-14



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Mel Robertson AGENDA ITEM: 7.1 Staff Support: James Dayhoff SUBJECT: READMISSION OF STUDENT ON EXPULSION Action


RECOMMENDATION: Readmit the student represented by the case number listed below to the Poway Unified School District. DISCUSSION/PROGRAM:

Case Number 2016-2017.24 The student and parents have submitted documents presenting satisfactory evidence that they have completed requirements set forth as conditions for return to the District. Therefore, staff is recommending that the student represented by the case number listed above be readmitted to the Poway Unified School District with the student being placed at Rancho Bernardo High School.

LEGAL REFERENCE:

California Education Code Sections 48900 and 48915

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Mel Robertson AGENDA ITEM: 7.2 Staff Support: Ron Little, Lou Lewis SUBJECT: PROPOSED ADOPTION OF CALIFORNIA SCHOOL

BOARD ASSOCIATION (CSBA) BOARD POLICY 5030 - STUDENT WELLNESS (FIRST READING)

Discussion/Action Consent Calendar First Reading Information/Discussion Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: First Reading. DISCUSSION/PROGRAM:

The Federal Child Nutrition and WIC (Women, Infants and Children) Reauthorization Act of 2004 (Public Law 108-265) required all districts to establish local school wellness policies by school year 2006-2007. The Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296) expanded the scope of the current wellness policy to include additional stakeholders in its development, implementation and review, and requires public updates on the content and implementation of the wellness policy. Staff has developed Board Policy 5030 to meet the current student wellness requirements contained in Public Law 111-296, which requires at a minimum:

• Goals for nutritional promotion and education, physical activity, and other school based-activities that promote student wellness.

• Nutritional guidelines for all foods and beverages available on school campus during the school day. • Requirements that stakeholders be provided opportunities to participate in the development,

implementation, and periodic review and update of the wellness policy. • A plan for periodic measuring effectiveness and making the assessment available to the public. • Public notification informing and updating the public (parents, students, and others in the

community) periodically about the content and implementation of the local school wellness policy. • Local designation must include one or more local education agency officials or school officials to

ensure that each school complies with the local school wellness policies.

LEGAL REFERENCE:

Section 204 of Public Law 111-296

FISCAL IMPACT: N/A

Students BP 5030(a) STUDENT WELLNESS The Board of Education recognizes the link between student health and learning and desires to provide a comprehensive program promoting healthy eating and physical activity for District students. The Superintendent or designee shall coordinate and align District efforts to support student wellness through health education and activity, health services, nutrition services, psychological and counseling services, and a safe and healthy school environment. In addition, the Superintendent or designee shall develop strategies for promoting staff wellness and for involving parents/guardians and the community in reinforcing students’ understanding and appreciation of the importance of a healthy lifestyle. Health and Wellness Committee The Superintendent or designee shall encourage parents/guardians, students, food and nutrition employees, teachers, school health professionals, Board members, school administrators, and members of the public to participate in the development, implementation, and periodic review and update of the District’s student wellness policy. (42 USC 1758b; 7 CFR 210.30) To fulfill this requirement, the Superintendent or designee may appoint a health and wellness committee or other District committee and a health and wellness coordinator. The committee may include representatives of the groups listed above, as well as health educators, curriculum directors, counselors, before and after school program staff, health practitioners, and/or others interested in school health issues. The health and wellness committee or other District committee shall advise the District on health-related issues, activities, policies, and programs. At the discretion of the Superintendent or designee, the duties of the health and wellness committee may also include the planning, implementation, and evaluation of activities to promote health within the school district. Goals for Nutrition, Physical Activity, and Other Wellness Activities The Board shall adopt goals for nutrition promotion and education, physical activity, and other school-based activities that promote student wellness. In developing such goals, The Board shall review and consider evidence-based strategies and techniques. (42 USC 1758b; 7 CFR 210.30) The District's nutrition education and physical education programs shall be based on research, shall be consistent with the expectations established in the state's curriculum frameworks and content standards, and shall be designed to build the skills and knowledge that all students need to maintain a healthy lifestyle. The nutrition education program shall include, but is not limited to, information about the benefits of healthy eating for academic achievement, disease prevention, weight management, and oral health. Nutrition education shall be provided as part of the health education curriculum and, as appropriate, shall be integrated into other academic subjects in the regular educational program, before and after school programs, summer learning programs, and school garden programs.

BP 5030(b) STUDENT WELLNESS (continued) All students shall be provided opportunities to be physically active on a regular basis. Opportunities for moderate to vigorous physical activity shall be provided through physical education and recess and may also be provided through school athletic programs, extracurricular programs, before and after school programs, summer learning programs, programs encouraging students to walk or bicycle to and from school, in-class physical activity breaks, and other structured and unstructured activities. To ensure that students have access to comprehensive health services, the district shall provide access to health services at or near district schools and/or provide referrals to community resources. The Board recognizes that a safe, positive school environment is important to students’ physical and mental health and thus prohibits bullying and harassment, including bullying on the basis of weight or health condition. Professional development shall be regularly offered to the food and nutrition staff, health education teachers, physical education teachers, coaches, activity supervisors, and other staff as appropriate to enhance their knowledge and skills related to student health and wellness. The Superintendent or designee shall encourage staff to serve as positive role models for healthy eating and physical fitness. He/she shall promote work-site wellness programs and may provide opportunities for regular physical activity among employees. Nutrition Guidelines for All Foods Sold, Served, or Given to Students at School For all foods and beverages available on each campus during the school day, the District shall adopt nutrition guidelines that are consistent with federal, state, and local regulations which support the objectives of promoting student health and reducing childhood obesity. (42 USC 1758b) To maximize the District’s ability to provide nutritious meals and snacks, all District schools shall participate in available federal school nutrition programs, including the National School Lunch and School Breakfast Programs and after school snack programs, to the extent possible. The Superintendent or designee shall provide access to free, potable water in the food and nutrition area during meal times in accordance with Education Code 38086 and 42 USC 1758, and shall encourage students’ consumption of water by educating them about the health benefits of water and by serving water in an appealing manner. The Board believes that all foods and beverages sold, served, or given to students at District schools, should support the health curriculum and promote optimal health. Nutrition standards adopted by the District for foods and beverages provided through student stores, vending machines, fundraisers, classroom celebrations, or other venues shall meet or exceed local, state, and federal nutrition standards.

BP 5030(c) STUDENT WELLNESS (continued) The Superintendent or designee shall encourage school organizations to use non-food items for fundraising purposes. He/she also shall encourage school staff to avoid the use of food as a reward for students' academic performance, accomplishments, or classroom behavior. To reinforce the District’s nutrition education program, the Board prohibits the marketing and advertising of foods and beverages that do not meet nutrition standards for the sale of foods and beverages on campus during the school day. (7 CFR 210.30) Program Implementation and Evaluation The Superintendent or designee shall designate at least one person within the District and at each school charged with operational responsibility for ensuring implementation of the District’s wellness policy. (42 USC 1758b; 7 CFR 210.30) The Superintendent or designee shall assess the implementation and effectiveness of this policy at least once every three years. (42 USC 1758b; 7 CFR 210.30) The assessment shall include the extent to which District schools are in compliance with this policy, the extent to which this policy compares to model wellness policies available from the U.S. Department of Agriculture, and a description of the progress made in attaining the goals of the wellness policy. (42 USD 1758b) The Superintendent or designee shall invite feedback on district and school wellness activities from food and nutrition personnel, school administrators, health and wellness committee, parents/guardians, students, teachers, before and after school program staff, and/or other appropriate persons. The Board and the Superintendent or designee shall establish indicators that will be used to measure the implementation and effectiveness of the District activities related to student wellness. Such indicators may include, but are not limited to: 1. Description of the District’s nutrition education, physical education, and health education

curricula and the extent to which they align with state academic content standards and legal requirements.

2. Analysis of the nutrition content of school meals and snacks served in all District programs,

based on a sample of menus and production records. 3. Student participation rates in all school meal and/or snack programs, including the number of

students enrolled in the free and reduced-price meals program compared to the number of students eligible for that program.

4. Extent to which foods and beverages sold on campus outside the food and nutrition program,

such as through vending machines, student stores, or fundraisers, comply with nutrition standards and competitive food sales regulations.

BP 5030(d) STUDENT WELLNESS (continued) 5. Extent to which other foods and beverages available on campus during the school day, such

as foods and beverages for classroom parties, school celebrations, and rewards/incentives, comply with nutrition standards.

6. Results of the state’s physical fitness test at applicable grade levels. 7. Number of minutes of physical education offered at each grade span, and the estimated

percentage of class time spent in moderate to vigorous physical activity. 8. Description of District efforts to provide additional opportunities for physical activity outside

of the physical education program. 9. Description of other district-wide or school-based wellness activities offered, including the

number of sites and/or students participating, as appropriate. As feasible, the assessment report may include a comparison of results across multiple years, a comparison of district data with county, statewide, or national data, and/or a comparison of wellness data with other student outcomes such as academic indicators or student discipline rates. In addition, the Superintendent or designee shall prepare and maintain the proper documentation and records needed for the administrative review of the District’s wellness policy conducted by the California Department of Education (CDE) every three years. The assessment results of both the District and state evaluations shall be submitted to the Board for the purposes of evaluating policy and practice, recognizing accomplishments, and making policy adjustments as needed to focus district resources and efforts on actions that are most likely to make a positive impact on student health and achievement. Notifications The Superintendent or designee shall inform the public about the content and implementation of the District’s wellness policy and shall make the policy, and any updates to the policy, available to the public on an annual basis. He/she shall also inform the public of the District’s progress towards meeting the goals of the wellness policy, including the availability of the triennial District assessment. (Education Code 49432; 42 USC 1758b; 7 CFR 210.30) The Superintendent or designee shall distribute this information through the most effective methods of communications, including district or school newsletters, handouts, parent/guardian meetings, district and school web sites, and other communications. Outreach to parents/guardians shall emphasize the relationship between student health and wellness and academic performance.

BP 5030(e) STUDENT WELLNESS (continued) Records: The Superintendent or designee shall retain records that document compliance with 7 CFR 210.30, including, but not limited to, the written student wellness policy, documentation of the triennial assessment of the wellness policy for each school site, and documentation demonstrating compliance with the community involvement requirements, including requirements to make the policy and assessment results available to the public. Legal Reference: EDUCATION CODE 33350-33354 CDE responsibilities re: physical education 38086 Free fresh drinking water 49430-49436 Pupil Nutrition, Health, and Achievement Act of 2001 49490-49494 School breakfast and lunch programs 49500-49505 School meals 49510-49520 Nutrition 49530-49536 Child Nutrition Act 49540-49546 Child care food program 49547-49548.3 Comprehensive nutrition services 49550-49561 Meals for needy students 49565-49565.8 California Fresh Start pilot program 49570 National School Lunch Act 51210 Course of study, grades 1-6 51210.1-51210.2 Physical education, grades 1-6 51210.4 Nutrition education 51220 Course of study, grades 7-12 51222 Physical education 51223 Physical education, elementary schools 51795-51798 School instructional gardens 51880-51921 Comprehensive health education CODE OF REGULATIONS, TITLE 5 15500-15501 Food sales by student organizations 15510 Mandatory meals for needy students 15530-15535 Nutrition education 15550-15565 School lunch and breakfast programs UNITED STATES CODE, TITLE 42 1751-1769j National School Lunch Program, especially 1758b Local wellness policy 1771-1793 Child Nutrition Act, including: 1773 School Breakfast Program 1779 Rules and regulations, Child Nutrition Act CODE OF FEDERAL REGULATIONS, TITLE 7 210.1-210.33 National School Lunch Program, especially 210.30 Wellness policy 220.1-220.22 National School Breakfast Program COURT DECISIONS Frazer v. Dixon Unified School District, (1993) 18 Cal.App.4th 781

Policy POWAY UNIFIED SCHOOL DISTRICT Adopted: San Diego, California



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 8.1 Staff Support: SUBJECT: APPROVAL OF RESOLUTION NO. 35-2018 ENTITLED

“ADOPTION OF SUPPLEMENTAL EARLY RETIREMENT PLAN FOR POWAY FEDERATION OF TEACHERS-REPRESENTED EMPLOYEES” AND REVIEW OF ENABLING DOCUMENTS


RECOMMENDATION: Approve Resolution No. 35-2018 entitled "Adoption of Supplmental Early Retirement Plan (SERP) for Poway Federation of Teachers-Represented Employees." DISCUSSION/PROGRAM:

The Poway Federation of Teachers and the Poway Unified School District have reached an agreement to offer a Supplemental Early Retirement Plan (SERP) for eligible members of the PFT bargaining unit. If a sufficient numbers of teachers (90) declare their intention by March 16, 2018 to take advantage of the SERP offering, it would become effective July 1, 2018. The basic annual benefit will be an annuity based on 80% of the participant’s 2017-2018 base salary with payments commencing on August 1, 2018. The form of the participant’s annuity will be determined in their application to the program. Eligible unit members must be at least age 55 with at least 10 years of STRS/PERS creditable District service as a teacher in PUSD or have at least 30 years of STRS/PERS creditable service with at least 20 years of certificated service in PUSD and are at least age 50. The proposed SERP and resulting resignations would generate savings to the District. Although other districts offering a SERP as a cost saving measure, districts are not refilling vacant positions generated by a SERP as opposed to PUSD which intends to hire new teachers to fill vacancies due to resignations, and to maintain current class size levels. The District will utilize the services of Keenan and Associates to serve as the third-party administrator of the SERP, as was done for the 2010 offering. The attached Memorandum of Understanding contains the details of the actual SERP agreement. The attached Resolution is also necessary to implement the plan.

LEGAL REFERENCE:

Government Code Sections 3547, 3547.5, and 53224; Internal Revenue Service Code 401(a)

FISCAL IMPACT: As outlined in the Memorandum of Understanding and SERP Summary Sheet

Board of Education of the Poway Unified School District


ADOPTION OF SUPPLEMENTAL EARLY RETIREMENT PLAN FOR POWAY FEDERATION OF

TEACHERS-REPRESENTED EMPLOYEES ON MOTION OF Member ___________________________, seconded by Member ________________________________, the following resolution is adopted:

WHEREAS, California Government Code Section 53224 authorizes school districts to make contributions to retirement plans; and

WHEREAS, the Poway Unified School District desires to provide retirement benefits to its employees under such a plan; and

WHEREAS, the Poway Federation of Teachers and representatives of the Poway Unified School

District have reached tentative agreement on a Memorandum of Understanding to offer a Supplemental Early Retirement Plan.

NOW, THEREFORE, IT IS RESOLVED THAT the Board of Education of Poway Unified School District hereby establishes a retirement plan for certain eligible employees of the District effective July 1, 2018 with the first annuity payment received in August 2018.

RESOLVED FURTHER that the eligibility requirements for employees to participate in such plan

shall be as follows:

1. Employee must be a certificated teacher of the District, and paid on the regular certificated salary schedules I, II, III, IV, preschool, or CTE/Adult Ed; and

2. Have a least ten (10) years of STRS/PERS creditable District service as a bargaining unit

member in Poway Unified School District, as of June 30, 2018; and are at least age 55 and resign from the District, no later than June 30, 2018; or

3. Have at least thirty (30) years of STRS/PERS creditable service with at least twenty (20)

years of certificated service in Poway Unified School District as of June 30, 2018; and are at least age 50 and resign from the District no later than June 30, 2018.

4. Provide no additional STRS/PERS creditable service, based on the regular certificated

salary schedule, to the District after June 30, 2018; and 5. Employee must submit SERP Application and a Letter of Resignation to the District no

later than 4:00 p.m. on Friday, March 16, 2018.

RESOLVED FURTHER that in order for the plan to be offered by the District:

1. A minimum of ninety (90) eligible employees from certificated salary schedules I, II, III,

and IV must submit their properly executed Letters of Resignation and SERP Applications by 4:00 p.m. on March 16, 2018, in order for the Plan to be implemented.

2. If the number of eligible employees from certificated salary schedules I, II, III, IV

submitting a SERP Application and Letter of Resignation is at least ninety (90), the plan will be effective, and resignations and applications of these employees will be binding, and cannot be rescinded after March 16, 2018.

3. If a level of ninety (90) participants from certificated salary schedules I, II, III, and IV is

not attained, the District and the Federation will review the actual data of the participants and will notify eligible employees of the continuation or withdrawal of the Plan by Monday, March 26, 2018. If the District withdraws the Plan, all submitted resignations would become null and void.

RESOLVED FURTHER that the Board hereby adopts that certain plan known as the Poway

Unified School District Supplemental Early Retirement Plan, effective July 1, 2018. RESOLVED FURTHER the plan benefit for employees paid on Salary Schedule I, II, III, IV will

be based on salary schedule I for the purpose of determining the base annual salary. The calculation shall be based upon 80 percent of the base annual salary and shall not include additional salary schedule compensation above the base annual salary. Participants currently compensated on schedule II, III, or IV will be placed on salary schedule I for the purpose of making this calculation. Participants whose assignment was less than full-time during the 2017-2018 shall receive a pro-rata benefit based on their annualized 2017-2018 base salary.

The plan benefit for employees paid on the Preschool Salary Schedule will be calculated based upon 80 percent of the base annual salary. The calculation of base annual salary shall not include additional salary schedule compensation above the base annual salary. Participants whose assignment was less than full-time during the 2017-2018 shall receive a pro-rata benefit based on their annualized 2017-2018 base salary.

The plan benefit for full-time employees paid on the CTE/Adult Ed Salary Schedule shall be calculated based upon 80 percent of the base annual salary. The calculation of base annual salary shall not include additional salary schedule compensation above the base annual salary. Part time/hourly CTE/Adult Ed employee benefits will be based on their annualized 2017-2018 earnings.

RESOLVED FURTHER that alternative forms of annuity distribution will be provided and will be equal in present value to the basic benefit, based on actuarial assumptions.

RESOLVED FURTHER that the District shall make all contributions to the Plan to fund said

benefits. RESOLVED FURTHER that, for purposes of the limitations on contributions and benefits under

the Plan, as prescribed by Section 415 of the Internal Revenue Code of 1986, as amended, the “limitation year” shall be the Plan Year, as defined under the terms and provisions of the Plan.

RESOLVED FURTHER that, for purposes of clarification of administration of the Plan but not for

purposes of making said Plan subject to title I of ERISA, the Board hereby designates the District as the plan administrator.

RESOLVED FURTHER that the Board hereby appoints the following individuals to comprise the Plan Committee:

James Jimenez, or designee Ronald Little, or designee RESOLVED FURTHER that the Board hereby authorizes any member of the Plan Committee to

execute on behalf of the District the Form 2848, Power of Attorney and Declaration of Representative. RESOLVED FURTHER that the Board hereby appoints Keenan & Associates as the contract

administrator to assist the District in the implementation and administration of the Plan. RESOLVED FURTHER that the Board authorizes and directs James Jimenez to take the

following actions:

1. Execute the Plan and any and all other documents necessary or proper to implement the Plan.

2. Contract with Keenan & Associates as contract administrator to provide all services

described in the contract. 3. Execute any and all documents, including any amendment to the Plan, necessary or

proper to maintain favorable determination of the Plan. 4. Enter into any other contract or agreement which he deems necessary or proper to

administer the Plan and to attain and maintain the income tax qualification of the Plan under the Internal Revenue Code of 1986, as amended.

PASSED AND ADOPTED on January 18, 2018, by the following vote:

AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.

____________________________________

Dr. Darshana Patel Clerk of the Board of Education


AND

POWAY FEDERATION OF TEACHERS

AGREEMENT FOR A TEACHER

SUPPLEMENTAL EARLY RETIREMENT PLAN (SERP)

1.0 Eligibility

Those employees will be eligible who:

1.1 Are certificated bargaining unit members; and

1.2 Are paid on the regular certificated salary schedules I, II, III, IV, preschool, or

CTE/Adult Ed; and

1.3 Have at least ten (10) years of STRS/PERS creditable District service as a

bargaining unit member in PUSD as of June 30, 2018; and are at least age 55 and

resign from the District no later than June 30, 2018; or

1.4 Have at least thirty (30) years of STRS/PERS creditable service with at least

twenty (20) years of certificated service in PUSD as of June 30, 2018; and are at

least age 50 and resign from the District no later than June 30, 2018.

2.0 Minimum Participation

2.1 A total of at least 90 eligible employees from certificated salary schedules I, II,

III, IV must submit properly executed agreements and all other required forms by

4:00 pm on Friday, March 16, 2018, in order for the plan to go into effect.

2.2 If the number of employees submitting agreements is at least 90, the plan will

be effective, and resignations of these employees by Saturday, June 30, 2018 will

be binding and will not be rescinded.

2.3 Individual participants may rescind no later than 4:00 pm on Friday, March 16,

2018.

2.4 If a level of 90 participants is not attained, the District and the Federation will

review the actual data of participants and will notify eligible employees of the

continuation or withdrawal of the plan by Monday, March 26, 2018.

2.5 If the District withdraws the plan, all submitted resignations become null and

void.

2

Agreement for a Teacher

Early Retirement Incentive Plan

3.0 Supplemental Retirement Benefits

3.1 The plan benefit will be an annuity based upon 80% of the participant’s 2017-

2018 base salary, subject to conditions stated below, with payments commencing

on August 1, 2018. The form of the annuity will be determined by the participant

in their application to the program.

3.1.1 The plan benefit for employees paid on Salary Schedule I, II, III, IV will

be based on salary schedule I for the purpose of determining the base

annual salary. The calculation shall be based upon 80 percent of the base

annual salary and shall not include additional salary schedule

compensation above the base annual salary. Participants currently

compensated on schedule II, III, or IV will be placed on salary schedule I

for the purpose of making this calculation. Participants whose assignment

was less than full-time during the 2017-2018 school year shall receive a

pro-rata benefit based on their annualized 2017-2018 base salary.

3.1.2 The plan benefit for employees paid on the Preschool Salary Schedule will

be calculated based upon 80 percent of the base annual salary. The

calculation of base annual salary shall not include additional salary

schedule compensation above the base annual salary. Participants whose

assignment was less than full-time during the 2017-2018 school year shall

receive a pro-rata benefit based on their annualized 2017-2018 base salary.

3.1.3 The plan benefit for full-time employees paid on the CTE/Adult Ed Salary

Schedule shall be calculated based upon 80 percent of the base annual

salary. The calculation of base annual salary shall not include additional

salary schedule compensation above the base annual salary. Part

time/hourly CTE/Adult Ed employee benefits will be based on their

annualized 2017-2018 earnings.

3.2 Unit members with ten years or more of benefited eligible district service in the

bargaining unit will receive the equivalent of the cost of the least expensive

medical, dental, and vision coverage for use toward Health and Welfare premiums

from the time of STRS/PERS retirement from the District until age 65. Unit

members with ten years or more of benefited eligible service who separate from

the District and continue their insurance coverage by submitting the premium

under the terms of COBRA are eligible for this benefit upon their retirement into

STRS/PERS status within 12 months of separation from the District, provided that

their insurance coverage is continuous. All monies paid by the District must be

used for medical, dental, or vision coverage; no other benefits are covered. Unit

members selecting a more expensive medical plan will pay the difference in

premium costs. Teachers moving out of the area will receive the same dollar

amount for use toward Health and Welfare premiums only. Any unused monies

3



remain with the District. Unit members who receive STRS Disability Allowance

under Options A or B and meet the requirements listed above will qualify for

these benefits upon STRS notification to the District.

3.3 SERP payment options will be provided to recipients and will be equal in present

value to the basic benefit, based on actuarial assumptions.

3.4 The amount of the monthly payment will be fixed effective June 30, 2018 and

will not be subject to increase or decrease thereafter.

4.0 IRS-Approved

4.1 The plan must be approved by the IRS as a Supplemental Retirement Plan in

order to be implemented.

5.0 Administering the Agreement

5.1 The plan must be ratified by the Board of Education in order to be implemented.

5.2 The parties agree to use the attached document prepared by Keenan as the

descriptor of the financial considerations used as the basis of this agreement.

5.3 The IBPS Team may consider requests for participation in the SERP or its

implementation that are beyond the terms and conditions of this memorandum of

understanding or would otherwise cause either party to violate those terms and

conditions. Such requests will be made in writing.

5.4 The District will set up a SERP Retirement Account that will use the actual

Annual Savings from the SERP as annual income into this account. The District

may, at its discretion, use funds in the SERP Retirement Account for alternate

purposes. Such use will not lessen the obligation of the District to fully fund the

SERP.

5.5 The estimated individual cost of Fringe Benefits will be calculated annually for

the number of participants who had retired early and created additional retiree

fringe benefit expenses for the District. This amount will be transferred to the

account used to pay the premiums for retirement fringe benefits.

5.6 The PFT President, Associate Superintendent of Business Support Services, and

the Associate Superintendent of Personnel Support Services will conduct an

annual review of this account and may adjust the SERP Analysis as assumptions

become known. The SERP expense will remain a line item in the PUSD/PFT

“True-Up” document prepared by the Chief Financial Officer/PFT President and

used by the Fiscal Group in the IBPS process.

4



For the District ______________________________

Signature

______________________________

Title

______________________________

Date

For the Federation ______________________________

Signature

______________________________

Title

______________________________

Date

Classification Plan TypeTotal

Number of Eligible

Normal Attrition

Project SERP

Retirees

Projected% of

Eligible Retirees

Average Salary

Average Lifetime Benefit

Period Certain 5

Average Cost Per Retiree

Average Commission

(billed separate)

Average Plan Savings per Employee

Total Projected Savings

Savings with No Plan

5 Year Projected Total Net Savings

Break Even Retirees

Certificated

80% of Salary - All Replaced - Age 55 with 10 Years of

Service, Age 50 with 20/30 Years of Service

358 40 90 20% $89,876 $308.77 $1,190.91 $71,901 $2,696 $90,863 $8,177,705 $6,618,423 $1,559,282 73

Certificated



358 40 105 23% $89,876 $308.77 $1,190.91 $71,901 $2,876 $90,684 $9,521,782 $6,618,423 $2,903,359 73

Certificated



358 40 125 27% $89,876 $308.77 $1,190.91 $71,901 $3,056 $90,504 $11,312,986 $6,618,423 $4,694,563 73

Poway Unified School District Summary Sheet

Average Years of Service-24.7; Total Eligible Employees: 358; Average Age-58.5

1/4/2018 License # 0451271



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: James Jimenez AGENDA ITEM: 8.2 Staff Support: SUBJECT: INITIAL PROPOSAL TO "SUNSHINE" ARTICLES FOR

CONTRACT NEGOTIATIONS FROM POWAY FEDERATION OF TEACHERS (PFT) 2018-2019



The Poway Federation of Teachers has a collective bargaining agreement through June 30, 2018. As this is the Exclusive Representatives’ initial proposal for negotiations, the Board need only receive it tonight. Unlike in the case with the initial proposal of the District, there is no need for the Board to take action on the Exclusive Representatives’ initial proposal at a subsequent meeting. The initial proposal to negotiate a new successor agreement is attached.

LEGAL REFERENCE:

Government Code Section 3547

FISCAL IMPACT: TBD through Collective Bargaining Process

Initial Proposal For Negotiations From Poway Federation of Teachers

To Poway Unified School District

2018-2019 January 8, 2018 TO: Board of Education FROM: Poway Federation of Teachers SUBJECT: Initial Proposal for Contract Negotiations 2018-2019 Please consider this Initial Proposal the Federation’s notice to the PUSD Board of Education for the 2018-19 contract negotiations. Our 3-year bargaining agreement expires on June 30, 2018 and we will be working to negotiate a new successor agreement. We are proud of our joint Interest Based Problem Solving (IBPS) tradition and PFT leadership is committed to continuing this negotiations model. In the spirit of IBPS, which does not include positions or initial proposals (but rather includes identification of interests, options, collaborative problem solving, and joint recommendations), PFT would like to sun-shine negotiations on all sections of the bargaining agreement (sections listed below). Section I – Recognition Include intern teachers. Section II – Duration of Agreement Three-year agreement to expire June 30, 2021.

Section III – Health and Welfare Benefits Continue the District’s contribution per employee, using the provisions as outlined in Section III – Heath and Welfare Benefits. Section IV – Leave of Absence Policy Continue the work of the PUSD/PFT Labor Relations Team to clarify parameters for General Leave and to include a one-time opportunity to access this leave for personal reasons. Increase number days accessing Personal Necessity Leave to attend graduation of a family member from a four-year college or university. Include military and post-secondary vocational schools. Section V – Transfer Policy Continue the work of the PUSD/PFT Labor Relations Team to include a revision of the current transfer process to: allow for transfer opportunities, ensure retention of

the most highly qualified temporary contracted teachers, and staff known positions with qualified candidates (internal/external). Section VI – Grievance Procedure Continue the work of the PUSD/PFT joint subcommittees and IBPS Team to solve problems and thereby avoid grievances whenever possible. Section VII – Class Size and Staffing Continue the work of the PFT/PUSD Staffing Sub-committee to strategically reduce district-wide class sizes to benefit student learning. Section VIII – Hours of Employment Continue the work of the joint Special Education Labor Relations Team to explore ways to address our Speech and Language Pathologist shortage, and to ensure the workload of our special educators can be reasonably achieved during the professional work day. Section IX – Safety Conditions of Employment Continue the work of the PUSD/PFT Labor Relations Team to ensure safe working conditions for educators. Section X – Evaluation Continue the work of the Teacher Professional Learning and Effectiveness System (TPLES) Advisory Board, as they develop, implement, and monitor the new PFT/PUSD TPLES. Section XI – Wages Continue with both parties meeting regularly throughout the year, using Interest Based Problem Solving (IBPS), to discuss the budget, the Governor’s proposals on the budget, and the May Revision to reach joint understanding of how the state budget will translate into resources in PUSD. The Federation wishes to work with our District to identify and make recommendations to the Board of Education around total compensation for our members. Main topics under compensation include: new health and welfare costs, step and column costs, raises, wages that include stipends, hourly, teacher leadership schedules, and class size reduction costs. Other Propose the continuation of exploring possible systems that will provide teachers with greater opportunities for teacher leadership on important issues of teaching and learning.



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 10.1 Staff Support: SUBJECT: COUNTY SUPERINTENDENT APPOINTMENT TO FILL

THE OFFICE OF POWAY UNIFIED SCHOOL DISTRICT'S CLERK OF THE GOVERNING BOARD


RECOMMENDATION: Accept the County Superintendent appointment to fill the office of Poway Unified School District’s Clerk of the Governing Board. DISCUSSION/PROGRAM:

On December 14, 2017, during a regular Board meeting, the Governing Board was unsuccessful in electing one of its members to fill the office of District Clerk, therefore, per Educational Code 38038 the County Superintendent of schools shall appoint one of the Governing Board members to fill the office of District Clerk. The Superintendent will share the letter received from the County Superintendent naming his appointment to fill Poway Unified School District’s Clerk position on the Governing Board. Educational Code 35143

At the annual meeting the governing board of each high school district, union high school district, and joint union high school district shall organize by electing a president from its members and a clerk.

At the annual meeting each city board of education shall organize by electing a president from its members.

At the annual meeting the governing board of each other type of school district, except a community college district, shall elect one of its members clerk of the district.

Education Code 35038

In any district the governing board of which is required to elect a clerk the superintendent of schools of the county shall appoint one of the members of the governing board to fill the office of district clerk if a clerk is not elected by the governing board on the date prescribed, or if, except as provided in Section 35039, a vacancy occurs in the position of district clerk.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2017 FROM: Marian Kim-Phelps AGENDA ITEM: 10.2 Staff Support: Jennifer Burks, James Jimenez, Ron Little, Mel Robertson SUBJECT: PROPOSED ADOPTION OF CALIFORNIA SCHOOL

BOARD ASSOCIATION (CSBA) BOARD POLICY 4119.21/ 4219.21/4319.21 (FIRST READING)


RECOMMENDATION: First Reading. DISCUSSION/PROGRAM:

CSBA Board Policy 4119.21/4219.21/4319.21 has been reviewed by staff and is ready to be presented as a first reading before formal adoption at the February 2018 Board Meeting. At the November 16, 2015, Board Meeting, the Board voted to update PUSD Board Policies and Procedures and align them with those of the California School Boards Association (CSBA). In September 2016, a three day Policy Development Workshop, led by CSBA consultants, was conducted with Board members and staff to begin the process of updating PUSD Board Policies.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A

All Personnel BP 4119.21(a) 4219.21 PROFESSIONAL STANDARDS 4319.21 The Governing Board expects district employees to maintain the highest ethical standards, exhibit professional behavior, follow district policies and regulations, abide by state and federal laws, and exercise good judgment when interacting with students and other members of the school community. Employee conduct should enhance the integrity of the district, advance the goals of the district's educational programs, and contribute to a positive school climate. (cf. 0200 - Goals for the School District) (cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights) (cf. 5131 - Conduct) (cf. 5137 - Positive School Climate) The Board encourages district employees to accept as guiding principles the professional standards and codes of ethics adopted by educational or professional associations to which they may belong. (cf. 2111 - Superintendent Governance Standards) (cf. 9005 - Governance Standards) Each employee should make a commitment to acquire the knowledge and skills necessary to fulfill his/her responsibilities and should focus on his/her contribution to the learning and achievement of district students. (cf. 4112.2 - Certification) (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) Inappropriate employee conduct includes, but is not limited to: 1. Engaging in any conduct that endangers students, staff, or others, including, but not limited

to, physical violence, threats of violence, or possession of a firearm or other weapon (cf. 0450 - Comprehensive Safety Plan) (cf. 4158/4258/4358 - Employee Security) 2. Engaging in harassing or discriminatory behavior towards students, parents/guardians,

staff, or community members, or failing or refusing to intervene when an act of discrimination, harassment, intimidation, or bullying against a student is observed

(cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 4119.11/4219.11/4319.11 - Sexual Harassment) (cf. 5131.2 - Bullying) (cf. 5145.3 - Nondiscrimination/Harassment) (cf. 5145.7 - Sexual Harassment)

BP 4119.21(b) 4219.21 4319.21 PROFESSIONAL STANDARDS (continued) 3. Physically abusing, sexually abusing, neglecting, or otherwise willfully harming or

injuring a child 4. Engaging in inappropriate socialization or fraternization with a student or soliciting,

encouraging, or maintaining an inappropriate written, verbal, or physical relationship with a student

5. Possessing or viewing any pornography on school grounds, or possessing or viewing child

pornography or other imagery portraying children in a sexualized manner at any time 6. Using profane, obscene, or abusive language against students, parents/guardians, staff, or

community members 7. Willfully disrupting district or school operations by loud or unreasonable noise or other

action 8. Using tobacco, alcohol, or an illegal or unauthorized substance, or possessing or

distributing any controlled substance, while in the workplace or at a school-sponsored activity

(cf. 3513.3 - Tobacco-Free Schools) (cf. 4020 - Drug and Alcohol Free Workplace) (cf. 4112.41/4212.41/4312.41 - Employee Drug Testing) (cf. 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers) 9. Dishonesty with students, parents/guardians, staff, or members of the public, including, but

not limited to, falsification of information in employment records or other school records 10. Divulging confidential information about students, district employees, or district

operations to persons not authorized to receive the information (cf. 3580 - District Records) (cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information) (cf. 5125 - Student Records) (cf. 5125.1 - Release of Directory Information) 11. Using district equipment or other district resources for the employee's own commercial

purposes or for political activities (cf. 4119.25/4219.25/4319.25 - Political Activities of Employees)

BP 4119.21(c) 4219.21 4319.21 PROFESSIONAL STANDARDS (continued) 12. Using district equipment or communications devices for personal purposes while on duty,

except in an emergency, during scheduled work breaks, or for personal necessity

Employees shall be notified that computer files and all electronic communications, including, but not limited to, email and voice mail, are not private. To ensure proper use, the Superintendent or designee may monitor employee usage of district technological resources at any time without the employee's consent.

(cf. 4040 - Employee Use of Technology) 13. Causing damage to or engaging in theft of property belonging to students, staff, or the

district 14. Wearing inappropriate attire (cf. 4119.22/4219.22/4319.22 - Dress and Grooming) An employee who observes or has evidence of another employee's inappropriate conduct shall immediately report such conduct to the principal or Superintendent or designee. An employee who has knowledge of or suspects child abuse or neglect shall file a report pursuant to the district's child abuse reporting procedures as detailed in AR 5141.4 - Child Abuse Prevention and Reporting. (cf. 1312.1 - Complaints Concerning District Employees) (cf. 5141.4 - Child Abuse Prevention and Reporting) Any reports of employee misconduct shall be promptly investigated. Any employee who is found to have engaged in inappropriate conduct in violation of law or Board policy shall be subject to disciplinary action and, in the case of a certificated employee, may be subject to a report to the Commission on Teacher Credentialing. The Superintendent or designee shall notify local law enforcement as appropriate. (cf. 4117.7/4317.7 - Employment Status Reports) (cf. 4118 - Dismissal/Suspension/Disciplinary Action) (cf. 4218 - Dismissal/Suspension/Disciplinary Action) An employee who has knowledge of but fails to report inappropriate employee conduct may also be subject to discipline.

BP 4119.21(d) 4219.21 4319.21 PROFESSIONAL STANDARDS (continued) The district prohibits retaliation against anyone who files a complaint against an employee or reports an employee's inappropriate conduct. Any employee who retaliates against any such complainant, reporter, or other participant in the district's complaint process shall be subject to discipline. The section(s) of the district’s employee code of conduct addressing interactions with students shall be provided to parents/guardians at the beginning of each school year and shall be posted on school and/or district web sites. (Education Code 44050) (cf. 1113 – District and School Web Sites) (cf. 4145.6 – Parental Notifications) Legal Reference:

EDUCATION CODE 200-262.4 Prohibition of discrimination 44242.5 Reports and review of alleged misconduct PENAL CODE 11164-11174.4 Child Abuse and Neglect Reporting Act CODE OF REGULATIONS, TITLE 5 80303 Reports of dismissal, resignation and other terminations for alleged misconduct 80331-80338 Rules of conduct for professional educators

Management Resources: COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS California Professional Standards for Educational Leaders, February 2014 California Standards for the Teaching Profession, 2009 COUNCIL OF CHIEF STATE SCHOOL OFFICERS PUBLICATIONS Educational Leadership Policy Standards: ISLLC 2008, 2008 NATIONAL EDUCATION ASSOCIATION PUBLICATIONS Code of Ethics of the Education Profession, 1975 WESTED PUBLICATIONS Moving Leadership Standards into Everyday Work: Descriptions of Practice, 2003 WEB SITES CSBA: http://www.csba.org Association of California School Administrators: http://www.acsa.org California Department of Education: http://www.cde.ca.gov California Federation of Teachers: http://www.cft.org California School Employees Association: http://www.csea.com California Teachers Association: http://www.cta.org Commission on Teacher Credentialing: http://www.ctc.ca.gov Council of Chief State School Officers: http://www.ccsso.org WestEd: http://www.WestEd.org

Policy POWAY UNIFIED SCHOOL DISTRICT adopted: San Diego, California



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 11.1 Staff Support: SUBJECT: BOARD MEMBER REPORTS Action



Kimberley Beatty – Michelle O’Connor-Ratcliff – Dr. Darshana Patel – Charles Sellers – T.J. Zane - Shaina Mishra, Student Board Member –

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 11.2 Staff Support: SUBJECT: SUPERINTENDENT'S REPORT Action



Dr. Marian Kim-Phelps will present a brief update on current issues and events.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 11.2(a) Staff Support: Christine Paik SUBJECT: STUDENT RECOGNITION Action



• Del Norte High School student Skylar Wu was named as the local winner of the 2017-18 Creative Writing Contest sponsored by the California Association of Teachers of English (CATE). His writing is now entered into the state level competition. This year's theme was “Literacy and Justice for All.” Students were asked to submit a poem, short story, essay, or speech on the topic.

• Westview High School student Andre Yin was awarded the “Gold President's Volunteer Service Award” for his volunteer service and dedication to the American Lung Association. The President’s Volunteer Service Award recognizes volunteers who have contributed significantly to an organization and have served over 250 volunteer hours.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 11.2(b) Staff Support: Christine Paik SUBJECT: STAFF RECOGNITION Action



• The following Poway Unified teachers are National Board Certified Teachers. National Board Certification (NBC) is a voluntary, advanced teaching credential that goes beyond state licensure. The National Board certifies teachers who successfully complete its rigorous certification process. It is the most respected professional teaching certification available in K-12 education. Just under 3 percent of the nation’s teachers are nationally board certified. Kristen Kennedy, Resource Specialist at Mesa Verde Middle School Susan Melnick, Special Education Pre-K at Deer Canyon Elementary School Marissa Ochoa, 3rd/4th grade teacher at Los Penasquitos Elementary School Artemisa Perucho-Green, 1st grade teacher at Valley Elementary School Marisa Plascencia-Contreras, 2nd grade teacher at Valley Elementary School Theresa Stogsdill, 3rd grade teacher at Westwood Elementary School

• Alyssa Dykes, 8th grade teacher at Oak Valley Middle School, received the Award for Classroom Excellence from the California Association of Teachers of English (CATE). The award highlights teachers who demonstrate outstanding classroom expertise in teaching some aspect of English or literacy skills on a continuing basis. Alyssa will be presented with her award at the CATE annual convention in March.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 12.0 Staff Support: SUBJECT: CLOSED SESSION - CONTINUATION OF CLOSED

SESSION AGENDA FROM PAGE ONE AS NECESSARY Action Consent Calendar First Reading Information Presentation Public Hearing Roll Call Vote Required

RECOMMENDATION: Action / Information. DISCUSSION/PROGRAM:

2.0 CLOSED SESSION

2.1 Pending/Existing Litigation Pursuant to Government Codes 54956.9(a), and 54956.9(d)(2), and 54956.9(d)(1) 2.2 Conference with Legal Counsel Anticipated Litigation Pursuant to Government Code 54956.9, 54956.9(d)(2), and 54956.9(d)(4) 2.3 Pupil Personnel – Student Expulsion(s), Disciplinary Matter(s), and Other Confidential Student Matters Pursuant to Education Code 48900(c) 2.4 Negotiations - PFT, PSEA Unit I and Unit II, Management/Confidential, and Real Property Pursuant to Government Codes 54957.6, and 54956.8 2.5 Public Employee Discipline/Dismissal/Release Pursuant to Government Codes 54954.5(e), and 54957 2.6 Public Employee Appointment/Employment Pursuant to Government Code 54957

LEGAL REFERENCE:

As Listed

FISCAL IMPACT: N/A



TO: BOARD OF EDUCATION MEETING DATE: January 18, 2018 FROM: Marian Kim-Phelps AGENDA ITEM: 13.0 Staff Support: SUBJECT: ADJOURNMENT / NEXT MEETING Action



The next regularly-scheduled Board Meeting will be held on Thursday, February 8, 2018, at 6:00 p.m. at the Poway Unified School District Office, 15250 Avenue of Science, San Diego.

LEGAL REFERENCE:

N/A

FISCAL IMPACT: N/A